Criminal Possession of Stolen Property

Published on: January 15, 2012

Adding Up Stolen Property from Multiple Victims: New York Criminal Possession of Stolen Property & Aggregation Law

In a previous entry, we discussed how the value of stolen property frequently effects the seriousness of the charge that a defendant will face in a New York larceny, theft or stolen property arrest. In this entry, the New York criminal defense attorneys at Saland Law PC will elaborate on that topic, discussing how the value of multiple pieces of stolen property can impact the degree of Grand Larceny or Criminal Possession of Stolen Property a defendant will face. Under New York Penal Law 165.45, it is a Class E felony for a person to knowingly possess stolen property valued more than $1000, but not greater than $3,000. Further, this possession must include an intent to benefit himself or a person other than the owner. If the defendant possesses stolen property valued at less than $1,000, he or she will likely be charged with a misdemeanor of Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40). If the value of the property is greater than $1,000, however, the charge can escalate to a number of potential felonies beyond the Fourth Degree. The language of this statute raises an extremely valid question: if the defendant possesses numerous pieces of stolen property belonging to multiple owners, can the total value of the property be used to support a single charge, or must the value of each be used to support separate charges, based upon individual owners?

Although seemingly insignificant, your criminal lawyer will explain that knowing the answer to this question can sometimes prove relevant to your case. Imagine a circumstance where prosecutors allege that a defendant is acting as a “fence,” a person in the business of buying stolen property. This defendant is alleged to be in possession of several stolen items: a television valued at $300, a bicycle valued at $600, and a laptop valued at $500. Each piece of property belongs to a different owner. If prosecutors base their charge upon the total value of the items in the defendant’s possession, the value of the stolen property is in excess of $1,000 and the defendant will face a felony. If the language of the statute requires, however, that the charges be separated by individual owners of the property, the defendant possesses three items worth less than $1,000. As such, he or she will only be charged with three misdemeanors. Addressing this exact issue, the court in People v. Loret 136 A.D.2d 316 (4th Dept. 1988) considered whether prosecutors may aggregate the value of stolen property or if each charge must be based upon the property’s individual owner.

Published on: January 11, 2012

Valuing Property in a Grand Larceny & Stolen Property Arrest: A Critical Element to Your Criminal Defense

By Jeremy Saland

In discussing many of New York’s larceny laws, our criminal lawyers frequently explain that the charge a defendant faces will usually depend not on the nature of the property stolen, but rather, the value of that property. For example, if a person possesses stolen property, and the value of that property is less than $1000, he or she will probably be charged with a misdemeanor crime of Criminal Possession of Stolen Property in the Fifth Degree. If a person commits the same criminal act, but the value of the property exceeds $1,000, he or she will likely be charged with a felony offense of Criminal Possession of Stolen Property in the Fourth Degree. As the value of a piece of stolen property increases, so too does the seriousness of the offense. Under New York Penal Law 165.45, it is a Class E felony for a person to possess stolen property with a value of $1,000 or more. If the value of the property exceeds $3,000, the offense is upgraded to a Class D felony (New York Penal Law 165.50). If the property is worth more than $50,000, the defendant will be charged with a Class C felony (New York Penal Law 165.52). Finally, if a defendant possesses stolen property with a value of $1 million dollars or more, that defendant can be charged with a class B felony (New York Penal Law 165.54). For each of these offenses, the value of the property in question is an element that prosecutors must prove beyond a reasonable doubt.

In some circumstances, the value of a piece of property is clear. Generally speaking, if you walked into an electronics store and stole a brand new high-definition television, its value would simply be the retail price that a consumer would have paid for the television. As your New York criminal defense attorney will explain, however, the alleged value attached to a piece of property is not always so clearly defined. If the television in the previous scenario had actually been a floor model, its remote had been lost, and it no longer displayed programming in high definition, its value might be significantly less than retail price. If you stole this television, could prosecutors still prove it was worth what a consumer would pay for an unused model?

Published on: January 7, 2012

When a Lie Leads to a Theft Conviction: Establishing Knowledge of Stolen Property at a NY PL 155.30 & NY PL 165.40 Trial

By Jeremy Saland

In a previous post, we explained that under New York’s larceny laws, offenses relating to Criminal Possession of Stolen Property require that a prosecutor introduce evidence showing a defendant “knowingly possessed” the stolen property in question. We explained that, given the language of the statute, courts have held that a defendant cannot be convicted for merely possessing stolen property without evidence showing that he or she knew the property was stolen.

To illustrate this point, we examined a case called People v. Nowakowski. In this case, the defendant explained that he had purchased the property in question, but the prosecution was unable to provide any evidence, either direct or circumstantial, that the defendant knew the property was stolen. Because the prosecution provided no evidence that the defendant knew the property was stolen, the jury could not properly be asked to consider whether he knew it was stolen.

Published on: December 28, 2011

Circumstantial Proof: Can New York Prosecutors Sustain Your Petit Larceny or Criminal Possession of Stolen Property Arrest

By Jeremy Saland

While Grand Larceny crimes are vastly more serious than their misdemeanor Petit Larceny counterparts, the theft cases that fill the dockets of New York Criminal Courts and the calendars of New York criminal lawyers – from Manhattan, to Queens, out to Westchester and Rockland Counties- usually involve violations of the “lesser” NY PL 155.25. In this blog I want to examine a Kings (Brooklyn) County Criminal case- People v. McDuffie, 2011 KNO74543, NYLJ 12025314774, at *1 (Crim., KI, Decided October 27, 2011)- which illustrates the level of proof required to properly charge (and convict) a defendant of Petit Larceny (New York Penal Law 155.25) and Criminal Possession of Stolen Property in the Fifth Degree (New York Penal Law 165.40). To clarify, pursuant to NY PL 155.25, a person is guilty of Petit Larceny when he or she steals property (any property) with a value of one thousand dollars or less. Additionally, pursuant to NY PL 165.40, a person is guilty of Criminal Possession of Stolen Property in the Fifth Degree when he or she knowingly possess stolen property with the intent to benefit him or herself. The value of the property that sets the particular degree of the crime is the same for both offenses.

Before proceeding it is worth noting that People v. McDuffie is also interesting because it involves a bit of criminal procedure law- the basics of which are worth understanding. The defendant here was not appealing a conviction (meaning post plea or after trial). Rather, the defendant made a motion to dismiss the case as “facially insufficient.” In other words, the defendant argued that the Brooklyn District Attorney’s Office did not have the proper proof to bring these charges against him in the first place and they were not properly set forth in the “four counters” of the criminal complaint. In order to properly file charges against a defendant the prosecution must show non-hearsay facts (generally first hand observations by witnesses) that establish each and every element of the offense charged. While the burden is and remains on the shoulders of the prosecution, the proof is much lower to initially bring charges against a defendant as opposed to supporting a guilty conviction at trial (hence proving facial insufficiency is a much more arduous task for the defense because at this stage in the process there is no “beyond a reasonable doubt”). Therefore, in McDuffie the People had to show that their complaint (called the “information”) was enough to establish a Prima Facie (on the face of it) case–meaning the facts point to guilt.

Published on: December 24, 2011

Knowingly Possessing Stolen Property: The Criminal Defense of Knowledge to a NY Stolen Property Arrest

By Jeremy Saland

In New York, one need not necessarily commit theft to be charged with a crime involving larceny. In fact, a New York criminal lawyer experienced in theft offenses can explain how in some circumstances, mere possession of stolen property is sufficient to establish the basis of a theft or larceny arrest. Under New York Penal Law 165.40 (Criminal Possession of Stolen Property in the Fifth Degree), it is a crime for a person to knowingly possess stolen property for the purpose of benefiting himself or another. Under the same law, it is also a crime for a person to knowingly possess stolen property for the purpose of preventing the owner from recovering that property. Like many of New York’s larceny laws, the range of consequences a defendant will face for possessing stolen property can vary widely, often depending upon the nature of the property itself. As we’ve previously discussed, if the stolen property exceeds certain dollar values, or falls within a specific class of items, the defendant might not be charged with a simple misdemeanor, but rather, a much more serious felony (NY PL 165.45 through NY PL 165.54). While the ramifications of a misdemeanor Criminal Possession of Stolen Property arrest in New York is serious, the gravity of the felony crimes are that much more.

Pursuant to New York criminal law, all offenses related to possession of stolen property share one element in particular that must be proven beyond a reasonable doubt: a defendant must knowingly possess the stolen property upon which the charge is based. Given this language, it might be assumed that if a person knows he or she is in possession of a certain piece of property, and that property is stolen, he or she must be guilty of possessing stolen property. As a skilled defense attorney will inform you, however, this interpretation is not entirely accurate. While it may seem like a somewhat basic question on its surface, whether a defendant “knowingly possesses” stolen property is a question that your criminal attorney may be able to argue strongly in your favor.