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

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.

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.

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.

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

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.

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.

If you were recently charged with Criminal Possession of Stolen Property in the 3^rd 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.