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Fifth Degree Criminal Possession Of Stolen Property: New York Penal Law 165.40

The most common degree of Criminal Possession of Stolen Property handled by New York criminal lawyers and prosecuted by Assistant District Attorneys in the New York City region, New York Penal Law 165.40 is the “lowest” level theft and larceny crime. Merely because Criminal Possession of Stolen Property in the Fifth Degree is the least severe of the stolen property offenses found in Article 165 of the New York Penal Law, by no means makes the crime an insignificant one. In fact, NY PL 165.40 is punishable as an “A” misdemeanor by up to one year in jail. Whether you are an accountant, lawyer, teacher or even a bouncer at a bar, spending one minute on Rikers Island or in the Westchester County Jail is one minute too long. Make no mistake, whether you were arrested in Manhattan, given a Desk Appearance Ticket in Brooklyn or just accused of possessing stolen property in White Plains, if you are convicted you will have a “rap sheet” forever.

Although not a pure legal definition of Fifth Degree Criminal Possession of Stolen Property, you are guilty of NY PL 165.40 if you possess property you know to be stolen and you intentionally keep it from the owner or seek to benefit from your possession. For the purpose of this charge, there is no distinction in the law as to the value of the property. While the degree of this crime increases with the value of the allegedly stolen property, the police and prosecutors can charge you with violating this statute whether you possessed a $3 pack of stolen mints from Duane Reade, $3,000 stolen fur coat from Saks Fifth Avenue or a “valueless” family album from a former friend.

Arrests for NY PL 165.40 are common in New York City. Usually, but not exclusively, these allegations stem from misdemeanor shoplifting arrests. In fact, criminal attorneys often see this charge in connection to a shoplifting Desk Appearance Ticket or arrest where Petit Larceny (NY PL 155.25) is also alleged

Irrespective of the underlying facts or evidence, a charge of Criminal Possession of Stolen Property in the Fifth Degree is potentially devastating. Will your employer find out? If you are alleged to have stolen from your employer, who else can learn of this allegation? Will FINRA or other licensing agencies, such as the Department of Education, be notified? If so, how should you respond? Beyond the potential incarceration and criminal record, what are the collateral consequences to your career and future?

No website can answer each of the questions above or vet your particular case. Protect yourself be educating yourself on the law and consulting with an experienced and knowledge practitioner of theft and larceny defense in New York. The New York criminal lawyers and former Manhattan Assistant District Attorneys at Saland Law are available and ready to put your defense into motion to not just protect you today, but to protect your name and future well beyond tomorrow.

To better educate you on New York theft and larceny crimes, please review this website as well as the white collar crimes section of CrottySaland.Com. Beyond the websites, the NewYorkTheftAndLarcenyLawyersBlog.Com and the NewYorkCriminalLawyerBlog.Com have a significant amount of easy to read and practical materials on these statutes, legal decisions and cases in the New York City area news.

Should you be charged with a Desk Appearance Ticket as it relates to Criminal Possession of Stolen Property, NYDeskAppearanceTicket.Com as well as the CrottySaland.Com Desk Appearance Ticket section has significantly more useful information.

Call the Manhattan & NYC Stolen Property Attorneys at Saland Law at 212.312.7129 or Contact Us Online to Start Your Criminal Defense Now

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From the moment I contacted Jeremy Saland he inspired trust and confidence. His honesty and extensive knowledge about the court process made me feel like I was in good hands. He helped make a stressful and difficult experience more manageable and tolerable by clearly informing me on the legal steps we had to take and knowing exactly what to expect for our day in court. Thank you for your professionalism and help Jeremy! I will be eternally grateful. Alexandra
I was arrested and charged with Grand Larceny. I was filmed on surveillance camera and the police was trying to find me for several days. Although I had to spend the night in prison/ tombs he was able to set me free the next morning without bail. A court date was set for August but he was able to negotiate with the DA and after only three weeks I had to appear before court, pay a restitution fine and was sentenced with an ACD for a period of 6 months. Alex
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