The National Trial Lawyers - Top 100 Trial Lawyers
BBB Accredited Business
The National Trial Lawyers - Top 40 Under 40
AV Preeminent badge
The National Trial Lawyers - Top 100 Trial Lawyers
National Association of Distinguished Counsel
USCCA Critical Response team
LawyerCentral.com Featured Lawyer badge
Avvo Rating 10.0 Superb badge
Avvo Client's Choice 2014
USCCA badge
Certified badge
Best DUI Attorney - Top Rated badge
10 Best badge
Expertise.com badge

New York Penal Law § 165.50 – Criminal Possession of Stolen Property in the Third Degree

New York Criminal Defense Lawyers Committed to Securing Favorable Outcomes in Felony Theft Cases

Criminal Possession of Stolen Property is a New York theft crime that makes it illegal to knowingly possess stolen property with the intent to benefit the actor or another person or to prevent the lawful owner from recovering their property. There are five different Criminal Possession of Stolen Property offenses in the New York Penal Law. Criminal Possession of Stolen Property in the Third Degree is a Class D felony that applies when the value of the property is more than $3,000.

What Does the Prosecution Need to Prove?

All crimes are made up of certain elements. An element is a fact that the prosecution needs to prove in order to sustain a conviction. The U.S. Constitution provides that the prosecution must prove every element beyond a reasonable doubt. The elements of Criminal Possession of Stolen Property in the Third Degree are:

  1. The defendant knowingly possessed stolen property;
  2. The defendant intended to either benefit themselves or another person or to prevent the owner from recovering their property; and
  3. The value of the property was more than $3,000.

In this context, “knowingly” means that you were aware you possessed the property and that you knew the property was stolen.

Examples of Criminal Possession of Stolen Property in the Third Degree

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

  • A woman steals her friend’s new laptop computer and gives it to her boyfriend, telling him it was stolen. In this case, both the woman and her boyfriend could be charged with Criminal Possession of Stolen Property.
  • A college student buys a car from an old friend, knowing that it was stolen.

Related Offenses to NY Penal Law § 165.50

Often, prosecutors bring charges of Criminal Possession of Stolen Property in the Third 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 Fourth Degree – NY Penal Law § 165.45
  • 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
  • Auto Stripping in the Second Degree – NY Penal Law § 165.10
  • Unauthorized Use of a Vehicle in the Third Degree – NY Penal Law § 165.05

What Are the Defenses to Criminal Possession of Stolen Property in the Third Degree?

As with every crime, there are various defenses to Criminal Possession of Stolen Property in the 3rd Degree. A successful defense can prompt the prosecution to withdraw the case against you before trial or result in the jury returning a “not guilty” verdict. Defenses are also useful when negotiating with the prosecution in hopes of securing a favorable plea agreement.

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

  • The property was not stolen;
  • You did not know the property was stolen;
  • You did not know you “possessed” the property;
  • You did not intend to benefit yourself or someone else, or prevent the lawful owner from recovering the property; or
  • The value of the property did not exceed $3,000.

What Are the Penalties for Violating NY Penal Law § 165.50?

Criminal Possession of Stolen Property in the Third Degree is a Class D felony. In New York, Class D felony offenses carry a maximum sentence of up to seven years in jail and a fine of up to $5,000 or twice the amount of money you gained as a result of the offense.

Are You Facing Felony Theft Charges in New York?

If you were recently charged with Criminal Possession of Stolen Property in the 3rd degree, it is imperative that you work with an experienced criminal defense lawyer who will take your case as seriously as you do. At Tilem & Associates, we have a long history of representing good people who find themselves in bad positions. Our lawyers are skilled at investigating the allegations against you, negotiating with prosecutors, challenging unlawful police conduct and litigating cases in front of judges and juries. 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.

Client Reviews

Thank you again for discussing my case with today. I can not stress enough how impressed I am with your services as an attorney. You have gone above and beyond the call of duty to attempt to help me. Thank you again and best wishes.

Rob

I am writing to send you my heartfelt thanks for your work on my father’s case. You are a wonderful attorney. I was very impressed by you from our first meeting. I am so grateful we were referred to you. If I can ever be of help in providing a reference or anything else, please let me know.

Joanna

I wanted to first say thank you for everything you have done for me in the last several months. You made this very difficult ordeal in my life less stressful and easier to bear. I am grateful for having you as my attorney and I truly feel that you helped me above my expectations. I appreciate...

W.S.

Contact Us

  1. 1 Free Consultation
  2. 2 Available 24/7
  3. 3 Over 25 Years Experience
Fill out the contact form or call us at 877-377-8666 to schedule your free consultation.

Leave Us a Message

Online Payments Available

Pre-Paid Legal Service for Gun Owners