New York Penal Law § 165.54 – Criminal Possession of Stolen Property in the First Degree

In New York, Criminal Possession of Stolen Property is a crime that prohibits knowingly possessing stolen property when you possess the property to benefit yourself or another person or to prevent the legal owner from recovering their property. New York law has five different degrees of Criminal Possession of Stolen Property offenses, and the seriousness of the offense depends mostly on the value of the property. Criminal Possession of Stolen Property in the 1st Degree is a Class B felony that applies when the value of the property exceeds $1,000,000.

All crimes are comprised of a certain number of elements, which are facts that the prosecution must prove beyond a reasonable doubt before a judge or jury can return a conviction. The elements of Criminal Possession of Stolen Property in the First Degree are:

1. The defendant knew they possessed property that was stolen;
2. The defendant intended to benefit themselves or another person or to prevent the lawful owner from recovering their property; and
3. The value of the property was over one million dollars.

It is important to understand that the government doesn’t need to prove you were the one who stole the property. In fact, New York law is clear that it is not a defense to Criminal Possession of Stolen Property that the person who stole the property has not been convicted, apprehended, or even identified. It is also not a defense if the property was stolen in another state.

Criminal Possession of Stolen Property in the First Degree involves possessing more than $1 million in stolen goods. Thus, there are limited situations where these charges come up, mostly involving white-collar crimes. For example, if a stockbroker diverts millions of dollars in client funds into an account held by a friend, both the stockbroker and his friend could be charged with Criminal Possession of Stolen Property.

It is common for prosecutors to bring charges of Criminal Possession of Stolen Property in the First 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 Second Degree – NY Penal Law § 165.52
• Grand Larceny in the Second Degree – NY Penal Law § 155.40
• Burglary in the Second Degree - NY Penal Law § 140.25
• Burglary in the First Degree - NY Penal Law § 140.30
• Robbery in the Second Degree - NY Penal Law § 160.10
• Robbery in the First Degree - NY Penal Law § 160.15
• Healthcare Fraud in the First Degree – NY Penal Law § 177.25
• Insurance Fraud in the First Degree – NY Penal Law § 176.30
• Criminal Possession of a Forged Instrument in the First Degree – NY Penal Law § 170.30

As with every crime, there are several defenses to Criminal Possession of Stolen Property in the 1st Degree. Defenses can be helpful in negotiations with prosecutors, as a defense may cause a prosecutor to doubt the likelihood of obtaining a conviction. More importantly, if successful, a defense can prompt the prosecution to withdraw the case for fear of losing at trial or, if the case does go to trial, give the jury reason to return a “not guilty” verdict.

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.

In complex white-collar crime cases involving forgery or fraud, there are several other defenses that may apply, for example, by challenging hearsay evidence or disputing the authenticity of certain documents.

Criminal Possession of Stolen Property in the First Degree is a Class B felony. In New York, Class B felony offenses carry a maximum sentence of up to 25 years in jail and a fine of up to $35,000.

If you are currently charged with possessing stolen property worth more than $1 million, it may be hard to grasp the reality of the situation. However, it is imperative that you understand that being charged with a crime is not the same thing as being found guilty. There is a long road between an arrest and a conviction, and it’s not a journey you need to take alone. At Tilem & Associates, we have more than 25 years of experience aggressively defending clients charged with serious theft crimes and know what it takes to reach the best possible result in even the toughest, most complex cases. 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.