Free Consultations & We're Available 24/7

Spodek Law Group Treating you like family since 1976

Get Legal Help Today

Second Degree Criminal Possession Of Stolen Property: New York Penal Law 165.5229 Jan 2019

Second degree charges of criminal possession of stolen property is a violation of New York Penal Law 165.52. The offense is a violation of New York State law. The maximum penalties may include up to 15 years in prison. Second degree charges of criminal possession of stolen property is a serious offense in New York. You have the right to an attorney to represent you if you face charges of stolen property in New York.

Possession of stolen property, second degree in New York

Charges for stolen property in New York are divided into degrees. The degrees get progressively more serious the greater the amounts of money that are involved. First-degree possession of stolen property is the most serious of the possession of stolen property offenses. Second-degree possession of stolen property is the second-most serious charge for possession of stolen property.

Second-degree possession of stolen property is a Class C felony. The maximum penalty that you can receive is 15 years in prison. You may also receive probation, fines and seizure of the property involved. The court determines the appropriate penalty based on a number of circumstances.

If you’re convicted of the charges, you might receive the maximum of 15 years in prison, but you might also receive a sentence of only probation, fines and restitution. If you’re not convicted of the offense against you, you receive no sentence at all. If you’re found not guilty, the charges against you are merely dismissed. If you plead guilty or you’re found guilty of a lesser degree of possession of stolen property or a different offense, the maximum penalties are reduced.

What is the charge of second-degree charges of criminal possession of stolen property in New York?

The charge of second-degree level criminal possession of stolen property in New York has several elements. All of the different elements of the crime must be true in your case or you’re not guilty based on New York law. First, you must knowingly possess the property. If you possess the property unintentionally or someone hides the stolen property in your stuff, you’re not guilty of the offense of knowingly possessing stolen property.

Second, the property must be stolen. If you purchased the property or you have it by permission, you’re not possessing stolen property. The state’s attorney must show that the property you have is stolen. In addition, you must possess the property with an intent to benefit yourself or another person. You may also possess the property with the purpose of preventing the owner from recovering the property.

For the charge of second-degree possession of stolen property, the amount involved must be $50,000 or more. The amount of the property involved is an element that law enforcement must prove when they bring the charges against you. The police may not simply state what they believe is the value of the property. Instead, they must show with evidence that the value of the property is $50,000 or more. Challenging the value of the property is one way that may be effective to challenge your second-degree possession of stolen property charge in New York.

Defending against second-degree stolen property charges in New York

There are a number of ways to go about defending yourself if you face charges of second-degree stolen property anywhere in New York. Law enforcement must prove that the property is not legally owned but stolen. They may not admit hearsay statements or their own conjecture. Instead, they must have witnesses available to prove that the property in question is stolen. You can contact witnesses and conduct your own investigation. You can challenge a witness’ testimony based on poor recollection, bias or even video evidence that may contradict what a witness has to say.

Law enforcement must take care in order to preserve the property in question. They must go about their investigation in a lawful way which includes not violating your constitutional rights or using impermissible force in order to investigate your claim. Law enforcement may not threaten you in order to induce a guilty plea. If you choose to accept a plea, you must do so of your own free will. If you’re facing charges of second-degree illegal stolen property possession, you may have valid defenses to the charges. Working quickly can help you assert your rights and clear your name.

Request Free Consultation

Please fill out the form below to receive a free consultation, we will respond to your inquiry within 24-hours guaranteed.