NY PENAL § 165.40: Criminal Possession of Stolen Property in the Fifth Degree

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Knowingly Possessing Stolen Property in New York

What Is Criminal Possession of Stolen Property in the Fifth Degree?

To be guilty of criminal possession of stolen property in the fifth degree, a person must meet several criteria. They must be in possession of stolen property; they must know that the property is stolen; and they must be intending to keep it from its rightful owner. This lowest tier of criminal possession of stolen property applies to property that is worth less than $1,000.

When the Charge of Criminal Possession of Stolen Property in the Fifth Degree Applies

Because this charge applies to property worth less than $1,000, it is most commonly associated with petit larceny crimes, such as shoplifting. Long Island prosecutors sometimes charge both petit larceny and criminal possession of stolen property in the fifth degree, since a person who commits petit larceny is clearly aware that the property is stolen.

However, a person does not need to commit the theft in order to be guilty of criminal possession of stolen property. All that is required is that they are aware that the property is stolen and that they intent to withhold it from its owner. For example, a person who is given a stolen cell phone by a friend would be guilty of this charge if he were aware that his friend had stolen the phone but still kept it for himself.

NY PENAL § 165.40: Criminal Possession of Stolen Property in the Fifth Degree

The New York State penal code says:

A person is guilty of criminal possession of stolen property in the fifth degree when he knowingly possesses stolen property, with intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof.

Criminal possession of stolen property in the fifth degree is a class A misdemeanor.

What Are the Potential Consequences of Criminal Possession of Stolen Property in the Fifth Degree?

This charge is a class A misdemeanor, which means that if convicted, you could face up to a year in jail. If you are charged with 5th-degree criminal possession of stolen property on Long Island, you should take it seriously and consult an experienced criminal defense attorney. Your attorney will know the best way to defend you against the charges. One common defense against a criminal possession of stolen property charge is to show that the accused person didn’t know the property was stolen.

What Should I Do Next?

If you are charged with criminal possession of stolen property in the fifth degree in Queens, Nassau, or Suffolk County, you need to hire a lawyer to represent you. Do not attempt to resolve your case on your own and don’t make any statements to prosecutors or the police. Your Long Island criminal defense attorney will have the experience to speak on your behalf and secure the most favorable possible outcome for you.

Possession of Stolen Property in the Fifth Degree
Past Client Testimonials

Past Client Testimonials

I was falsely accused of grand larceny. For someone who has never been arrested, I was in shock. I complied with the police because I respect the law and assumed they would recognize the accuser’s lie and let me go. Little did I realize the criminal justice system treats you as guilty, until proven innocent. The opposite of what I thought. Scott walked me through the painful process of proving my innocence. His knowledge of the law and empathy towards me, helped me survive the process and get a full dismissal. I unequivocally recommend Scott as your defense attorney. Thank you Scott!

Anonymous

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Anonymous

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Anonymous

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Anonymous

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He was truthful and straight forward with me. Didn't con me in thinking it will be an easy road but told me we will beat the case in court. He fought with the judge to a point I thought I was in contempt with the judge. lol.. Called the ADA's bluff and we road it out together. He is fair, understanding and as for me, I have his name on speed dial.

Anonymous

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Anonymous

I found Scott when I was in a very tough spot. I had been charged with two serious felony level crimes. I met with a handful of attorneys and Scott's reviews and presence both online and in person impressed me, so I hired him.
I am so thankful I made that decision. Scott was consistently friendly,  professional, and easily accessible. His fees were very reasonable, especially considering the level of service he provided. Most importantly to me, Scott made sure that the Judge and a zealous DA's office saw that the charges were not at all what they were chalked up to be. In the end, there was no jail time, no probation, no criminal record and no fines or community service.
If you are being criminally charged, I couldn't recommend hiring Scott more strongly. He delivered when I needed it and I am forever grateful.

Anonymous

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Anonymous

I reached out to Scott after a police officer contacted my employer.  I was worried that my case could have a negative affect on my employment situation and freedom. Scott kept my mind at ease and ensured we would not plea guilty and rightfully so. By the end of my case, I was not convicted with any crimes. I could not have asked for a better lawyer experience.
From first contact, Scott was approachable, very responsive and engaged, professional, and compassionate. He took time to talk through every concern and explained the process thoroughly, gave best and worst case scenarios and didn’t not over promise. In fact he under-promised and over-delivered. My family will forever be thankful we choose Scott to represent us. He is a down to earth, smart, highly capable professional.

Anonymous

I hired Scott Limmer to defend my son who had gotten into trouble in school and with the law. From our first meeting to our last, and there were many in between, not only was Scott extremely knowledgable in both aspects, but he always kept us informed about what was going on, and answered my phone calls any time of the day to put my mind at ease. Scott went above and beyond for our son to make sure that he would get the best outcome possible and that outcome was better than we had ever expected. He is very compassionate about his work and it shows in everything he does. I truly believe that if I hadn't hired Scott as my lawyer, my son would not have been given the fresh start that he now has.

Anonymous
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