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The Spodek Law Group understands how delicate high-profile cases can be, and has a strong track record of getting positive outcomes. Our lawyers service a clientele that is nationwide. With offices in both LA and NYC, and cases all across the country - Spodek Law Group is a top tier law firm.

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New York Criminal Possession Of Stolen Property

By Spodek Law Group | February 13, 2023

<h3>Understanding Misapplication and Unauthorized Use of Property and Vehicles</h3> <h4>When You Can Be Guilty and Defenses You Can Use</h4>

Spodek Law Group and attorney Todd Spodek believe that everyone deserves a fair trial, and that it’s important for people to understand their legal rights. To that end, we’ve put together this guide on misapplication of property and unauthorized use of vehicles.

Misapplication of property occurs when someone knowingly possesses someone else’s personal property under an agreement to return it to the owner in the future. It can also happen when someone loans, leases, pledges, pawns or encumbers such property without the owner’s consent in a way that puts the owner at risk of not being able to recover it or suffering financial loss. Intentionally refusing to return personal property valued at over $100 to the owner, after the owner has made a written demand for its return, is also misapplication of property. This crime is a class A misdemeanor.

If you’re facing charges for misapplication of property, it’s important to note that you may have a defense. For example, if you have recovered the property and the owner hasn’t suffered any economic loss, you can use that as a defense.

Unauthorized use of a vehicle, on the other hand, occurs when someone takes, operates, controls, rides in or otherwise uses a vehicle without the owner’s consent. If someone has custody of a vehicle because they’re supposed to perform a specific service for the owner, intentionally using or operating the vehicle for their own purposes without the owner’s consent is also unauthorized use of a vehicle. Intentionally withholding possession of the vehicle after the specified time for its return has passed is also unauthorized use of a vehicle.

If you’re facing charges for unauthorized use of a vehicle, it’s important to know that you can also have a defense. For example, if you had custody of the vehicle pursuant to an agreement and the owner didn’t comply with the provisions of the agreement, that can be a defense. Additionally, if you’ve been charged with second-degree unauthorized use of a vehicle and have previously been convicted of the same crime in the last ten years, you can use that as a defense.

<h3>New York Possession of Stolen Property: What You Need to Know</h3>

If you have been accused of Criminal Possession of Stolen Property in New York, you need to act quickly. This crime occurs when a person knowingly possesses stolen property with the intent to benefit themselves or someone else, other than the rightful owner of the property. It can also occur if the person possesses the stolen property to prevent its recovery by the owner. The severity of this offense can range from a misdemeanor to a felony, depending on the circumstances.

<h4>Understanding the Different Degrees of Criminal Possession of Stolen Property</h4>

The New York Penal Law Section 165 breaks down Criminal Possession of Stolen Property into five degrees, based on the value of the property that was in the defendant’s possession. Here’s what you need to know:

  • Section 165.40 5th Degree: This offense is an A misdemeanor and occurs when the perpetrator knowingly possesses stolen property with the intent to benefit someone else or impede the property’s recovery by the owner.
  • Section 165.45 4th Degree: This crime is the same as the 5th Degree, but the value of the property involved exceeds $1,000. This is a Class E felony, which carries a minimum of one year in prison.
  • Section 165.50 3rd Degree: This crime involves property valued over $3,000 and is a Class D felony.
  • Section 165.52 2nd Degree: This offense occurs when the property value exceeds $50,000 and is a Class C felony.
  • Section 165.52 1st Degree: This is the most severe Criminal Possession of Stolen Property charge and occurs when the property value exceeds $1 million. It is classified as a Class B felony.

<h4>Why You Need a New York Criminal Possession of Stolen Property Lawyer</h4>

If you are facing charges of Criminal Possession of Stolen Property, it’s essential to secure the guidance and advice of an experienced lawyer as soon as possible. In these cases, the law presumes that if the defendant is in possession of the stolen property, they are keeping it to benefit themselves or someone else. Additionally, if the defendant cannot explain why they have the property, there is a negative inference that they are guilty of the crime.

At Spodek Law Group, our attorney Todd Spodek has the knowledge and experience needed to protect your rights and formulate a solid defense strategy. We offer free consultations at our offices located throughout New York, including Manhattan, Queens, the Bronx, and Staten Island, as well as Long Island in both Nassau and Suffolk County. Call us today at 800.696.9529 to schedule your no-obligation appointment. Don’t wait to get the legal assistance you need to fight your charges and protect your future

<h3>Criminal Possession of Stolen Property in New York: Understanding the Offenses</h3>

If you are in possession of stolen property, regardless of its value, you could be facing serious legal consequences in New York. Criminal Possession of Stolen Property is a broad term that covers a wide range of offenses, from misdemeanors to felonies that carry a lengthy prison sentence. Here is what you need to know about the different degrees of this crime, as well as what to do if you are facing charges.

<h4>Criminal Possession of Stolen Property in the Fifth Degree</h4>

If you are found to be in possession of stolen property valued at less than $1,000, and you knowingly kept it from the owner and/or benefited from it, you could be charged with a Class A misdemeanor. This offense can result in a year in jail and a criminal record.

<h4>Criminal Possession of Stolen Property in the Fourth Degree</h4>

If you intentionally steal property worth over $1,000 and possess it with the intention of benefiting from it and/or keeping it from the owner, you could face a charge of Criminal Possession of Stolen Property in the Fourth Degree. This is an E felony that can result in up to four years in prison.

<h4>Criminal Possession of Stolen Property in the Third Degree</h4>

The threshold for this charge is stolen property worth more than $3,000. Criminal Possession of Stolen Property in Third Degree is a Class D felony that carries a seven-year prison sentence.

<h4>Criminal Possession of Stolen Property in the Second Degree</h4>

If the property you are accused of possessing is valued at over $50,000, then prosecutors can charge you with Criminal Possession of Stolen Property in the Second Degree. This is a serious offense that can result in up to 15 years in prison.

<h4>Criminal Possession of Stolen Property in First Degree</h4>

The most severe charge is Criminal Possession of Stolen Property in First Degree. This applies to possession of property worth over a million dollars and carries a potential prison sentence of up to 25 years.

It’s important to note that if you are found to be in possession of stolen property, the fact that someone else stole it is not a defense. This is true even if the thief has admitted to the crime or been convicted. Additionally, claiming that the theft occurred outside of New York State will not protect you from prosecution.

If you are facing charges for Criminal Possession of Stolen Property, it is critical that you seek legal representation from a New York City criminal defense attorney like Todd Spodek from Spodek Law Group. Your attorney can help you navigate the legal system and build a defense that can potentially result in a favorable outcome. Even if you did knowingly possess stolen property, there may be mitigating circumstances that could lead to a lesser sentence. Remember to exercise your right to remain silent until you have legal representation, and never speak to the police without your attorney present

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