The misconception that only the individual who physically takes an item can face theft charges is common. In reality, New York law, consistent with most states, criminalizes the act of holding, receiving, or controlling stolen property, even if you were not involved in the initial theft. This means that simply possessing property that the state alleges you knew or should have known was stolen can lead to prosecution. These cases often feel complicated and unjust, particularly when individuals act on a belief they were simply “doing a favor” or received a “good deal” without asking sufficient questions. Please continue reading as we explore what you should know about these matters and how our experienced Nassau County Criminal Defense Attorneys can assist you. 

How Does New York Handle Possession of Stolen Property Charges?

In New York, criminal possession of stolen property is a serious offense that stands apart from the crime of larceny. The core of this law is simple: it criminalizes the act of knowingly possessing stolen property with the intent to benefit oneself or another, or to prevent the legal owner from getting the property back. You do not have ot be the person who committed the original theft to be charged. The law targets this conduct because those who knowingly handle, resell, or move stolen goods help thieves profit and perpetuate the crime cycle.

Possession in this legal context is defined in two ways:

  • Actual Possession: The property is physically on your person or within your immediate control.
  • Constructive Possession: The property is in a location you control, and you have both the ability and the intent to exercise control over it.

Therefore, you can face charges even if you were not physically holding the item at the time of arrest, provided the prosecution can establish your legal control over the location where the property was discovered. The essential element a prosecutor must prove for a possession of stolen charge is knowledge. The state must demonstrate that the defendant either:

  • Knew the property was, in fact, stolen.
  • Believed it was likely stolen.
  • Was aware of facts that made it obvious the property was stolen, but deliberately ignored them.

Simply possessing property that turns out to be stolen is not enough for a conviction. The prosecutor must prove the defendant possessed the required mental state at the time they possessed the property.

What Are the Potential Consequences?

Penalties for criminal possession of stolen property in New York are severe and depend heavily on the degree of the offense. Misdemeanor charges, such as fifth-degree, can result in up to one year behind bars. Conversely, felony convictions carry the risk of lengthy state prison sentences. For instance, a Class B felony (first-degree), which is based on the value of the property and the defendant’s criminal history, can lead to up to 25 years in prison. Beyond incarceration, consequences can include fines, probation, and significant long-term impacts on career and immigration status.

If you are facing questioning or have already been charged, it is crucial not to assume the situation will simply disappear. Taking immediate action to secure legal representation is vital. Contact an attorney at KCS Law today for guidance and skilled representation.