New York Penal Law § 165.52 – Criminal Possession of Stolen Property in the Second Degree

Criminal Possession of Stolen Property is a New York theft offense that makes it against the law to knowingly possess stolen property when your possession is with the intent to benefit yourself or another person or to prevent the legal owner from recovering their property. The New York Penal Law provides for five different degrees of Criminal Possession of Stolen Property offenses. Criminal Possession of Stolen Property in the 2nd Degree is a Class C felony that applies when the value of the property exceeds $50,000.

All criminal offenses are made up of elements, which are facts that the prosecution must prove before a judge or jury can convict anyone of a crime. Further, the U.S. Constitution makes clear that the prosecution must establish every element of a crime beyond a reasonable doubt.

The elements of Criminal Possession of Stolen Property in the Second Degree are:

1. The defendant knowingly possessed stolen property;
2. The defendant intended to either benefit themselves or another person or prevent the lawful owner from recovering their property; and
3. The value of the property was more than $50,000.

Notably, the prosecution does not need to present any evidence that the defendant was the person who stole the property. And New York law is clear that it is not a defense if the person who stole the property has not been convicted, apprehended, or even identified.

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

• A man keeps jewelry belonging to an ex-girlfriend that she left over at his home. The man then gifts the jewelry to his new girlfriend, telling her he stole it from someone but doesn’t mention who. In this case, both the man and his girlfriend could be charged with Criminal Possession of Stolen Property.
• A reseller buys goods valued at $60,000 from another party that the reseller knows to be stolen.

It is common for prosecutors to bring charges of Criminal Possession of Stolen Property in the Second Degree along with one or more of the following:

• Criminal Possession of Stolen Property in the Third Degree – NY Penal Law § 165.50
• Criminal Possession of Stolen Property in the First Degree – NY Penal Law § 165.54
• Grand Larceny in the Second Degree – NY Penal Law § 155.40
• Robbery in the Second Degree - NY Penal Law § 160.10
• Robbery in the First Degree - NY Penal Law § 160.15
• Burglary in the Second Degree - NY Penal Law § 140.25
• Burglary in the First Degree - NY Penal Law § 140.30

As with every crime, there are several defenses to Criminal Possession of Stolen Property in the 2nd Degree. If successful, a defense can prompt the prosecution to withdraw the case against you before trial or result in the jury returning a “not guilty” verdict. Defenses can also be helpful in negotiations with prosecutors, as a defense may cause a prosecutor to doubt the likelihood of obtaining a conviction.

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

• The property was not stolen;
• You honestly did not know that the property was stolen;
• You did not knowingly possess 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 was $50,000 or less.

Criminal Possession of Stolen Property in the Second Degree is a Class C felony. In New York, Class C felony offenses carry a maximum sentence of up to 15 years in jail and a fine of up to $15,000.

If you were recently arrested and charged with possessing stolen property, it is important that you understand what’s on the line and what you can do to protect your future. At Tilem & Associates, we are proud to stand up for the rights of the criminally accused and have done so successfully for more than two decades. We are standing by and ready 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.