In Queens, it is a crime to take property belonging to another. This is called larceny. The general definition for larceny is the unlawful taking of property belonging to another. The property is taken to permanently deprive the owner of the property. To permanently deprive means to keep, sell or give the property away.
In Queens, if you receive stolen goods, you can be accused of receiving stolen property. Stolen property crimes are outlined in New York Penal Code 165.
Criminal Possession of Stolen Property in Queens
In the state of New York, it is illegal to receive and/or possess property unlawfully taken from another person. For state attorneys to prove you or your loved one is guilty in a possession stolen property charge, they need to show evidence of two things. First, they must prove you knowingly possesses the stolen property. This means you knew the property was unlawfully taken from another individual.
Second, they must show you obtained, accepted or purchased the stolen property with the intentionally benefit yourself or someone else. In other words, you had the intent to prevent the owner from recovering stolen property by obtaining, receiving or possessing it.
The Degrees of Criminal Possession of Stolen Property
New York separates criminal possession of stolen property into five degrees. The degree you face depends on the value of the stolen property:
• Property valued at $1,000 or less is criminal possession of stolen property in the fifth degree. This classified as a misdemeanor.
• Property valued at $1,001 to $3,000 is criminal possession of stolen property in the fourth degree. This is an E felony.
• Property valued at $3,001 to $50,000 is criminal possession of stolen property in the third degree. This is a D non-violent felony.
• Property valued at $50,001 to $1,000,000 is criminal possession of stolen property in the second degree. It is a C non-violent felony.
• Property valued at more than $1 million is criminal possession of stolen property in the first degree. It is a B non-violent felony.
Penalties for Criminal Possession of Stolen Property in New York
The penalties for receiving or possessing stolen property ranges from time in jail to prison time. The penalty for each degree is:
• Up to one year in county jail for possessing stolen property valued at $1,000 or under
• Approximately four years in prison for stolen property valued at more than $1,000
• About seven years in prison for stolen property valued at more than $3,000
• It is 15 years in prison for stolen property valued at more than $50,000
• It is 25 years in prison for stolen property valued at more than $1 million
In addition to prison or jail time, fines, probation and restitution may be part of the penalties.
Defenses to Possessing Stolen Property in Queens
Many defenses are available to prove you did not break the law regarding the possession of stolen property. One of the most used and frequent defenses is lack of knowledge. You did not knowingly take, obtain, possession or receive stolen goods unlawfully taken by someone else.
Another common intent is lack of possession. Lack of possession refers to you did not have actual possession of the property. For instance, you intended to buy the stolen property and paid for it. However, you never picked the property up from the one who stole it. Thus, you lack possession of the property, so you cannot be convicted.
Contact a Queens Criminal Attorney about Your Possession of Stolen Property Charge
When you or a loved one is accused of possession stolen property, you need a tough attorney to represent you. We are your tough legal team. During our initiation consultation, we will determine the defense to use to fight the charge. Your defense will be based on the facts of the case. In addition to fighting the charge, we will try to get the charges dropped. Contact us to today for help.