Criminal Possession of Stolen Property Lawyer New York

Criminal Possession of Stolen Property is a serious offense in New York and covers a wide range of situations, from possessing small personal items to high-value goods connected to larger theft investigations. A conviction can lead to jail time, fines, a permanent criminal record, and long-term damage to your reputation. Understanding the charges and your legal options is essential when facing an accusation.

At the Law Offices of Matthew Cohan, we defend clients accused of property crimes throughout New York, providing strategic and aggressive representation designed to protect your rights and secure the best outcome possible.

What is Criminal Possession of Stolen Property?

Under New York Penal Law, a person commits Criminal Possession of Stolen Property when they knowingly possess property that they know, or reasonably should know, is stolen. Prosecutors must prove three elements: (1) that you possessed the property, (2) that the property was stolen, and (3) that you knew or should have known it was stolen, and (4) that you intended to benefit yourself or prevent the owner from recovering it.

Possession can be actual or constructive. This means the property may be on your person, in your car, in your home, or in any space over which you have control. Knowledge can be based on surrounding circumstances, not just direct statements or admissions.

Degrees of Criminal Possession of Stolen Property

New York breaks this offense into five degrees, based largely on the value and type of property.

Criminal Possession of Stolen Property in the Fifth Degree (PL § 165.40)

Classification: Class A misdemeanor

Elements: Knowingly possessing stolen property with intent to benefit yourself or impede recovery by the owner

Value: Any value

Penalties:

• Jail: Up to one year
• Probation: Up to 3 years
• Fine: Subject to court discretion

Criminal Possession of Stolen Property in the Fourth Degree (PL § 165.45)

Classification: Class E felony

Elements: Knowingly possessing stolen property with intent to benefit yourself or impede recovery, when:

• The value exceeds $1,000, OR
• The property consists of credit cards, debit cards, or public benefit cards, OR
• The property consists of firearms, rifles, or shotguns, OR
• The property is a motor vehicle valued over $100, OR
• You are a collateral loan broker or in the business of buying/selling property

Penalties:

• Prison (First-Time Offender): Up to 4 years
• Probation: Possible with mitigating circumstances
• Fine: Subject to court discretion

Criminal Possession of Stolen Property in the Third Degree (PL § 165.50)

Classification: Class D felony

Elements: Knowingly possessing stolen property with intent to benefit yourself or impede recovery

Value: Exceeds $3,000

Penalties:

• Prison (First-Time Offender): Up to 7 years (indeterminate sentence range of 2 1/3 to 7 years)
• Prison (Second Felony Offender): 2 to 4 years minimum, 3 1/2 to 7 years maximum
• Probation: Possible with mitigating circumstances
• Fine and restitution

This is the most common felony-level charge for Criminal Possession of Stolen Property and is often associated with embezzlement, identity theft, and organized theft operations.

Criminal Possession of Stolen Property in the Second Degree (PL § 165.52)

Classification: Class C felony

Elements: Knowingly possessing stolen property with intent to benefit yourself or impede recovery

Value: Exceeds $50,000

Penalties:

• Prison (First-Time Offender): Up to 15 years (indeterminate sentence range up to 5 to 15 years)
• Prison (Second Felony Offender): Enhanced sentences apply
• Fine and substantial restitution

Criminal Possession of Stolen Property in the First Degree (PL § 165.54)

Classification: Class B felony

Elements: Knowingly possessing stolen property with intent to benefit yourself or impede recovery

Value: Exceeds $1,000,000

Penalties:

• Prison (First-Time Offender): Up to 25 years
• Prison (Second Felony Offender): Significantly enhanced sentences
• Substantial fines and restitution
• Permanent felony record

This charge carries some of the most severe penalties under New York's property crime laws and often arises in connection with large-scale organized theft operations or sophisticated fraud schemes.

Additional Consequences of Convictions

Beyond incarceration, convictions for Criminal Possession of Stolen Property carry serious collateral consequences:

• Permanent criminal record affecting employment and housing
• Immigration consequences for non-citizens (crime of moral turpitude)
• Loss of professional licenses and certifications
• Reputational damage
• Civil liability and restitution orders
• Difficulty obtaining credit or loans

Felony-level charges can have lifelong consequences, which is why early representation from an experienced defense lawyer is critical.

Former Prosecutor Strategy: Attacking Knowledge and Possession

As your New York criminal defense lawyer with experience as a former prosecutor, we understand exactly how District Attorneys build stolen property cases and where their evidence is most vulnerable. These prosecutions often rely on circumstantial evidence and presumptions that can be effectively challenged.

Challenging Knowledge of Stolen Status

The prosecution must prove you knew or reasonably should have known the property was stolen. We attack this element by demonstrating you had no reason to suspect the property's origin, that you paid fair market value, that you obtained proper documentation, or that the circumstances did not put you on notice. Without proof of knowledge, the charges cannot stand.

Undermining Proof of Possession

We challenge whether you actually had control over the property. In cases involving shared spaces, multiple occupants, or constructive possession theories, we create reasonable doubt about whether you exercised dominion and control over the allegedly stolen items.

Attacking Intent to Benefit or Impede Recovery

New York law presumes that someone who knowingly possesses stolen property intends to benefit from it or prevent its recovery. We challenge this presumption by presenting evidence of innocent explanations, temporary possession, or intent to return the property.

Exposing Fourth Amendment Violations

We scrutinize how police discovered the property. If it was found during an unlawful search or seizure without a warrant or probable cause, we move to suppress all evidence, which often results in dismissal of charges.

Possible Defenses

Lack of knowledge: if the prosecution cannot prove you knew or should have known the property was stolen, a required element of the offense fails. Lack of possession or control: if the evidence does not establish you had actual or constructive possession, charges may be dismissed.

Why Former Prosecutor Experience Matters

Having prosecuted property crimes, we understand how prosecutors evaluate evidence, establish value, and prove knowledge. We know which arguments persuade judges to suppress evidence or dismiss charges, and we use this insider knowledge to build the strongest possible defense for our clients.

A charge does not equal a conviction. The sooner you speak with a qualified defense attorney, the more options you may have.

Contact the Law Offices of Matthew Cohan today for a free, confidential consultation and take the first step toward protecting your rights and your future.