New York Penal Law § 165.45 – Criminal Possession of Stolen Property in the Fourth Degree

Criminal Possession of Stolen Property in the Fourth Degree is one of several New York theft crimes that makes it illegal to knowingly possess certain types of stolen property, or any type of stolen property that is valued at more than $1,000. Criminal Possession of Stolen Property in the Fourth Degree is a Class E felony.

In any criminal case, the prosecution must prove each element of the offense beyond a reasonable doubt. If the government’s evidence is insufficient, the judge or must acquit the defendant. Below are the required elements of Criminal Possession of Stolen Property in the Fourth Degree:

1. The defendant was in possession of property they knew to be stolen; and
2. The defendant possessed the property with the intent to either benefit themselves or another person or to prevent the owner from recovering their property; and
3. One or more of the following facts applies:
   1. The value of the property was over $1,000
   2. The property at issue is a firearm or a credit, debit, or public benefit card;
   3. The defendant is a collateral loan broker or otherwise deals in property;
   4. The property consists of a motor vehicle valued at more than $100;
   5. The property is a religious object used in a place of worship; or
   6. The property involved is anhydrous ammonia or liquified ammonia gas, which was intended to be used to make methamphetamine.

Some common examples of Criminal Possession of Stolen Property in the Fourth Degree include the following:

• A man buys a car from a friend for $150, knowing that it was stolen.
• A man gives his brother a stolen handgun for protection. In this case, both brothers could be charged with the crime.
• Someone buys stolen credit cards from a pickpocket.

Often, prosecutors bring charges of Criminal Possession of Stolen Property in the Fourth Degree along with one or more of the following:

• Criminal Possession of Stolen Property in the Fifth Degree – NY Penal Law § 165.40
• Criminal Possession of Stolen Property in the Third Degree – NY Penal Law § 165.50
• Criminal Possession of Stolen Property in the Second Degree – NY Penal Law § 165.52
• Criminal Possession of Stolen Property in the First Degree – NY Penal Law § 165.54
• Petit Larceny – New York Penal Law § 155.25
• Grand Larceny in the Third Degree – NY Penal Law § 155.35
• Auto Stripping in the Third Degree – NY Penal Law § 165.09
• Unauthorized Use of a Vehicle in the Third Degree – NY Penal Law § 165.05

There are several defenses to Criminal Possession of Stolen Property in the 4th Degree. If successful, a defense may result in the case against being withdrawn, or the jury acquitting you. Defenses are also helpful when engaging the prosecution in plea bargain negotiations.

The most common defenses to Criminal Possession of Stolen Property include:

• You did not know the property was stolen;
• You were unaware that you “possessed” the stolen property;
• You lacked the intent to benefit yourself or someone else, or to prevent the lawful owner from recovering the property;
• The property wasn’t actually stolen; or
• The property wasn’t valued at more than $1,000.

Given that there are multiple subsections of § 165.45, there are also more specific defenses that may apply in your particular case.

Criminal Possession of Stolen Property in the Fourth Degree is a Class E felony. In New York, Class E felony offenses carry a maximum sentence of up to four years in jail and a fine of up to $5,000. However, if you derived a financial benefit from the commission of the crime, the court can fine you up to double the amount you gained.

If you were recently arrested and charged with Criminal Possession of Stolen Property in the 4^th degree, the decision of which attorney you have represent you may be one of the most important choices you make in regards to your case. At the New York law firm of Tilem & Associates, our criminal defense attorneys have decades of experience representing clients charged with serious theft crimes and are not afraid to put in the work needed to secure the best possible result in your case. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.