Criminal Possession of Stolen Property

Published on: December 13, 2019

Deprive and Appropriate: Critical Elements in a New York Grand Larceny Prosecution

What is “stealing” you ask? A mere taking of someone’s property without their permission or authority? Yes, in part, but actually much, much more. While those unfamiliar with the criminal law may see theft, larceny and stolen property related crimes through their own respective lenses, the New York Penal Law defines these offenses – Petit Larceny, Grand Larceny and Criminal Possession of Stolen Property – with elements that every prosecutor must prove beyond a reasonable doubt and every criminal defense lawyer actively challenges to prevent the District Attorney from doing so.

Drafted by the legislature into Penal Law 155.05(1), to violate either misdemeanor Petit Larceny or any degree of felony Grand Larceny, you must have the intent to deprive another person of his or her property or appropriate the same for yourself or another party. Not only must you have this goal when taking the property, but you in fact must do so successfully and wrongfully.

Published on: October 4, 2018

Can Possessing Stolen Property from Multiple People be Added Together to Increase the Charge and Penalty of Criminal Possession of Stolen Property

By Jeremy Saland

Generally, the New York Penal Law is clear as it relates to Criminal Possession of Stolen Property and aggregating the value of that property from different complainants. That is, if, for example, you had a stolen iPhone, guitar, and cash from three different people, each item could constitute a separate crime of Criminal Possession of Stolen Property. So, if the iPhone was worth $850, the guitar $650, and the cash totaled $100, are prosecutors “stuck” merely charging a defendant with three misdemeanor offenses? Instead, might a District Attorney add all of this property together for one count of Criminal Possession of Stolen Property in the Fourth Degree, New York Penal Law 165.45? Because possessing stolen property exceeding $1,000.00 is a class “E” felony, it certainly behooves the District Attorney to charge you not with three counts of Criminal Possession of Stolen Property in the Fifth Degree, New York Penal Law 165.40, but one crime that carries more weight. All of this said, whether a prosecutor wants to charge a particular offense does not mean that he or she can. So…can the District Attorney aggregate the value of multiple pieces of allegedly stolen property in your possession belonging to different complainants? The short answer, and one you will likely discuss further with your criminal lawyer, is “yes.”

Published on: February 11, 2018

What are the Different Types of Theft Crimes in New York: Larceny by False Pretense vs. Larceny by False Promise

By Jeremy Saland

Thefts and larcenies in New York can take many different forms. New York State Penal Law 155.05 provides the various theories on which a criminal prosecution for larceny can be based. The distinctions between these various kinds of theft can be subtle, but identifying those distinctions can have an enormous impact on a criminal case. Two of these sub-types of larceny are commonly referred to as Larceny by False Pretense and Larceny by False Promise, which seem almost identical by their title, but describe two significantly different circumstances and allegations.

Published on: January 27, 2018

New York Theft and Larceny Laws: Restitution Amounts and Procedures Upon Conviction and Sentence

By Jeremy Saland

In New York, a court may impose restitution as a component of sentence, in addition to the more commonly understood penalties of jail time, community service, orders of protection, and so on. Section 60.27 of the New York State Penal Law permits a sentencing court to order restitution to the victim of the crime in addition to any other dispositions authorized by statute, meaning it can be tacked on to any other type of sentence. Restitution on criminal charges may not include sums for pain and suffering or liquidated damages, as in civil cases, and it may not be greater than what is necessary to compensate the victim of a crime for out-of-pocket losses. All of this can be a part of a disposition or plea involving Grand Larceny and Criminal Possession of Stolen Property crimes and, as such, it is something that you and your criminal defense lawyer should work through before resolving your case.

Published on: January 17, 2018

Identity Theft Crimes: Is it Criminal to Possess a Credit Card Number without the Actual Credit Card

By Jeremy Saland

Identity Theft is an issue that affects more and more people in New York and the country every year. In this digital age, criminal charges relating to Identity Theft can become extremely complex and difficult to analyze. For example, can a person unlawfully “possess” someone’s credit card number without actually possessing the card itself? Is a person unlawfully assuming another person’s identity when they use a stolen credit card number? In New York, the answer to these questions was given in People v. Barden, 117 A.D.3d 216 (1st Dept. 2014) as “yes” and “no” respectively.

Published on: December 30, 2017

NY Grand Larceny and Criminal Possession of Stolen Property Convictions: Does NY PL 80.00 Allow Courts to Fine You in Addition to Mandating Restitution Upon Conviction

By Jeremy Saland

Any conviction in New York for either Grand Larceny or felony Criminal Possession of Stolen Property carries the potential of serious imprisonment and incarceration. Even the “lowest” felony crimes – Fourth Degree Grand Larceny (New York Penal Law 155.30) and Fourth Degree Criminal Possession of Stolen Property (New York Penal Law 165.45) – have possible sentences of up to four years in prison. In other words, if you steal or knowingly possess stolen property worth a hair over $1,000 but no more than $3,000, jail is on the table in the eyes of the law.

Other than prison or jail, what are the financial ramifications, if any, involving restitution and fines and what is your exposure?

Published on: December 22, 2017

New York Criminal Possession of Stolen Property: Must the Prosecution Establish Your Knowledge the Property You Possessed was Stolen

By Jeremy Saland

You possess a $15,000.00 Rolex watch without the permission of the owner. You have an iPhone belonging to another person and he or she never gave you permission or authority to possess it. Certainly, if the owner never gave you the right to take, possess or have his or her property, whatever it may be and irrespective of its value, the fact that you possessed that property without a right to do so is proof of your guilt of Criminal Possession of Stolen Property pursuant to New York Penal Law Article 165? Although much depends on how prosecutors draft an accusatory instrument, without more than asserting you didn’t have permission, your criminal lawyer may successfully secure a dismissal of the complaint alleging Criminal Possession of Stolen Property.

In pertinent part, you are guilty of Criminal Possession of Stolen Property when you both knowingly possess the stolen property and when you do so with the purpose or objective to benefit yourself or a third party or, alternatively, to prevent the recovery of the property by the rightful owner. Just like Petit Larceny and Grand Larceny, if the amount or value of the property in question exceeds $1,000, $3,000, $50,000 or $1,000,000 the degree of the felony is enhanced in severity.

Published on: January 17, 2017

Possessing Stolen Property that was Never Stolen in the First Place: Criminal Possession of Stolen Property or No Crime at All

By Jeremy Saland

Possessing stolen property in New York is a crime. Its likely surprising to no one – from your second cousin to your criminal defense attorney – that in addition to the theft of property, Petit Larceny or Grand Larceny, when you knowingly possess stolen property you have committed either a misdemeanor or a felony. Without breaking out each and every subsection of Criminal Possession of Stolen Property where certain types of property equate to specific felony crimes, the routine way the NYPD, local or county police, and the District Attorney determine the applicable degree of a Criminal Possession of Stolen Property arrest charge is value based. That means if it the property, no matter what it may be, is less than $1,000.00 it is a misdemeanor and if the value is greater than $1,000.00, $3,000.00, $50,000.00 or $1 million, then the crime is a felony that escalates from an “E” to a “B” respectively.

Well, the above is all great and good, but what if the property you are arrested for possessing was not stolen in the first place? Does it make a difference if you believed it was stolen even though it was not? What about if in fact it was stolen property, but you believed it was not? Why is this worthy of discussion? Because as you can consult with your criminal defense lawyer, should you be charged with any degree – misdemeanor or felony – of Criminal Possession of Stolen property – PL 165.40, PL 165.45, PL 165.50, PL 165.52 or PL 165.54 – and you are either unaware the property was stolen or it in fact was not stolen, then you have a defense to this set of crimes.

Published on: January 2, 2017

Wrongfully Accessing and Taking Property From a Vehicle: Unauthorized Use of a Vehicle or “Merely” Larceny

By Jeremy Saland

Depending how aggressive or creative a District Attorney gets, sometimes what is one simple act becomes multiple criminal charges from the onset of an arrest or at some point during the prosecution. While the law allows an Assistant District Attorney in New York to supersede an information (criminal complaint) or present criminal charges to a Grand Jury that were not initially on a felony complaint, when such actions are taken a criminal defense lawyer must be on his or her respective “game.” Why? Some charges may be obvious on their faces but others not so much. Complicating matters, what may seem like a simply case with limited exposure can ultimately involve a crime with potentially significant consequences. People v. Gavrilov, 2015 Slip Op. 51562 (App. Term 2nd Dept. 2015) is such a case where the conduct and the charged crimes did not exactly coalesce. There, the defendant entered a vehicle and stole some property. Charged with Petit Larceny, New York Penal Law 155.25, and Fifth Degree Criminal Possession of Stolen Property, New York Penal Law 165.40, the defendant also found himself facing Third Degree Unauthorized Use of a Vehicle, New York Penal Law 165.05. Although not a more serious offense, a very interesting question was raised. Did prosecutors overreach by charging the defendant with PL 165.05 or does wrongfully entering and stealing from a vehicle also violate the Unauthorized Use of a Motor Vehicle statute?

Published on: November 26, 2016

I Didn’t Steal the Property, But I Failed to Return It: When Possessing Lost Property is a Crime in New York

By Jeremy Saland

Most people rightfully think a larceny or theft occurs when they wrongfully and without permission steal or take someone’s property. Usually, but not always, that person refuses to return the property or simply doesn’t tell the victim that he or she took it in the first place. Simply, the rightful owner lost his or her television, mobile phone, car, or good old fashion cash forever. However, in New York, a theft or larceny need not be a permanent taking. In fact, it need not be a taking at all in the common way we think about such acts. According to the New York Penal Law and the plethora of cases that analyze and interpret it (please note the shout out to the “Three Amigos”), a police officer can arrest, District Attorney prosecute and judge or jury convict you of a crime if you fail to return property. How you ask? New York Penal Law 155.05(2)(b) specifically addresses how one can be charged with a Petit Larceny or Grand Larceny Crime in New York when one acquires lost property.