The New York Penal Code defines Possession of Stolen Property as knowingly possessing stolen property with intent to benefit from the item, and with the intent to strip off the owner’s right to recover and enjoy it. This is often accompanied with a drug offense as people with drug addiction tend to steal things to sell.

Possession of Stolen Property ranges from a misdemeanor charge punishable by up to one year in jail to a felony charge punishable by up to 8 and 1/3 to 25 years in prison.

Degrees of Criminal Possession of Stolen Property

There are five levels of Criminal Possession of Stolen Property:

  • Fifth Degree (Class A Misdemeanor) – knowingly possessed the stolen property; punishable by up to one year imprisonment
  • Fourth Degree (Class E Felony) – same as mentioned above, but the value of the property should exceed $1,000; minimum of one year jail sentence
  • Third Degree (Class D Felony) – involves property worth over $3,000
  • Second Degree (Class C Felony) – the property value exceeds $50,000
  • First Degree (Class B Felony) – the stolen property exceeds one million dollars in value

Note that if you have a felony conviction in the last ten years, your sentence may be harsher. This ten-year rule, however, is not a hard and fast rule, as the sentence may also depend on the severity of the current offense and any other charge.

Determining the Value of the Property

The value of the property means its market value at the time and place it was stolen. If you steal money, then its market value is the value for trial purposes. If you shoplift a bag with a suggested retail price of $400, the value of that bag is the value at the time and location of the crime.

There are cases, however, when the replacement value is used to determine the value of the stolen property. In addition, if the stolen property has been stolen multiple times, the total value of the incidents can potentially be combined.

If you need legal counsel on a Criminal Possession of Stolen Property, call today for a free 15-minute consultation. 516.399.023