New York Criminal Possession of Stolen Property Charges (frequently abbreviated as “CPSP”) are brought in cases where an individual possesses the property of another without the owner’s permission. There are five different degrees of Possession of Stolen Property charges. Specifically, they are:

  • Criminal Possession of Stolen Property in the First Degree,
  • Criminal Possession of Stolen Property in the Second Degree,
  • Criminal Possession of Stolen Property in the Third Degree,
  • Criminal Possession of Stolen Property in the Fourth Degree, AND
  • Criminal Possession of Stolen Property in the Fifth Degree.

The degree that is charged will depend on the type of the property taken as well as on the value of the property. Criminal Possession of Stolen Property in the Fifth Degree is the least serious of these charges, while First Degree charges are the most serious. Nonetheless, all of these charges have potential to result in a permanent criminal record as well as jail time.

Thus, even if you received a Desk Appearance Ticket for these charges, you need to consult an experienced New York Criminal Defense attorney for guidance.

Criminal Possession of Stolen Property in the Fifth Degree

This charge is codified in New York Penal Law Section 165.40. Under New York Penal Law Section 165.40, a person is guilty of Criminal Possession of Stolen Property in the Fifth Degree when:

  1. He knowingly possesses stolen property, AND
  2. Has intent to benefit himself or another person other than the rightful owner, or impede the recovery of the property by the owner.

Importantly, CPSP 5 does not specify the type nor the value of the item possessed. Thus, this charge applies to virtually all Criminal Possession of Stolen Property charges in New York.

Sentencing and Penalties for Criminal Possession of Stolen Property in the Fifth Degree

Under New York Law, Criminal Possession of Stolen Property in the Fifth Degree is a Class “A” Misdemeanor. As such, this charge is punishable by:

  • Up to 1 year in jail,
  • Probation,
  • A split sentence (up to 6 months jail, rest of the time on probation),
  • Conditional Discharge (with conditions set by the sentencing court, such as payment of restitution),
  • Unconditional discharge (no conditions set by the court),
  • Time served (even if the time spent in police custody was just the time it took to get a desk appearance ticket).

Criminal Possession of Stolen Property in the Fourth Degree

New York’s Criminal Possession of Stolen Property in the Fourth Degree codified in New York Penal Law Section 165.45. Under Penal Law Section 165.45, a person is guilty of this charge when s/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, and when:

  1. The value of the property exceeds $1,000; OR
  2. The property consists of a credit card, debit card or public benefit card; OR
  3. He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property; OR
  4. The property consists of one or more firearms, rifles and shotguns; OR
  5. The value of the property exceeds $100 and the property consists of a motor vehicle; OR
  6. The property consists of a scroll, religious vestment, vessel or other item of property having a value of at least $100 kept for or used in connection with religious worship in any building or structure used as a place of religious worship by a religious corporation; OR
  7. The property consists of anhydrous ammonia or liquified ammonia gas and the actor intends to use, or knows another person intends to use, such anhydrous ammonia or liquified ammonia gas to manufacture methamphetamine.

Thus, in order for this charge to be applicable, the value of the item needs to be over $1,000 or be one of the other items enumerated above.

Sentencing and Penalties for Criminal Possession of Stolen Property in the Fourth Degree

This charge is a Class “E” Non-violent Felony. As such, this charge is punishable by:

  • An indeterminate sentence up to 1 1/3 to 4 years in prison,
  • A determinate sentence up to 1 year in jail or less,
  • Probation,
  • A split sentence (up to 6 months in jail, followed by probation),
  • A conditional discharge (with conditions established by the sentencing court, such as community service or abiding by the terms of the full order of protection),
  • An unconditional discharge (no conditions imposed as part of the plea).

Criminal Possession of Stolen Property in the Third Degree

New York Criminal Possession of Stolen Property in the Third Degree is codified in Penal Law Section 165.50. Under Penal Law Section 165.50, a person is guilty of Criminal Possession of Stolen Property in the Third Degree when:

  1. S/he knowingly possesses stolen property,
  2. With intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, AND
  3. When the value of the property exceeds $3,000.

Importantly, this criminal statute does not list any specific types of property that is needed for this charge to be brought, but it does require a value of at least $3,000.

Sentencing and Penalties for Criminal Possession of Stolen Property in the Third Degree

Under New York Law, Criminal Possession of Stolen Property in the Third Degree is a Class “D” non-violent felony. As such, this particular charge is punishable by:

  • Indeterminate sentence up to 2 1/3 to 7 years in prison,
  • A determinate sentence up to 1 year in jail,
  • Probation (only if there are mitigating circumstances present in the case).

Criminal Possession of Stolen Property in the Second Degree

New York Criminal Possession of Stolen Property in the Second Degree is codified in New York Penal Law Section 165.52. Under New York Penal Law Section 165.52, a person is guilty of Criminal Possession of Stolen Property in the Second Degree when s/he:

  1. Knowingly possesses stolen property,
  2. With intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner thereof, AND
  3. When the value of the property exceeds $50,000.

Similarly to the Third Degree charge, these is no specific type of property that is required for this charge to be brought. However, there is a value requirement of at least $50,000.

Sentencing and Penalties for Criminal Possession of Stolen Property in the Second Degree

Under New York Law, this charge is a Class “C” Non-violent felony. As such, it is punishable by:

  • An indeterminate sentence up to 5 to 15 years in prison.

Criminal Possession of Stolen Property in the First Degree

The most serious of these charges is Criminal Possession Stolen Property in the First Degree. This charge is codified in New York Penal Law Section 165.54. A person is guilty of Criminal Possession of Stolen Property in the First Degree when:

  1. S/he knowingly possesses stolen property,
  2. With intent to benefit himself or a person other than an owner thereof or to impede the recovery by an owner, AND
  3. When the value of the property exceeds $1,000,000.

Sentencing and Penalties for Criminal Possession of Stolen Property in the First Degree

Under New York Law, Criminal Possession of Stolen Property in the First Degree is a Class “B” Non-violent Felony. As such, this charge is punishable by:

  • Up to 8 1/3 to 25 years indeterminate sentence.

Frequently Asked Questions Regarding Possession of Stolen Property Charges

1. How is the Value of the Items Established?

There is no specific way in which a prosecutor is required to establish the value of the stolen items. For the purposes of Grand Jury, it is enough for the witness to testify to how much they’ve paid for the item. However, for trial purposes, the prosecutor will oftentimes need receipts, property appraisals, or assessments of comparable items to establish what the value of the item was. Importantly, just because a prosecutor charges a certain value of the item on the Indictment or the Criminal Court complaint, doesn’t mean that the value can be established down the road at trial.

2. Can Convictions for New York Criminal Possession of Stolen Property Be Sealed?

Yes, under New York’s newly enacted law, codified in CPL 160.59, misdemeanor convictions as well as Class “D” and Class “E” non-violent felonies can be sealed. Importantly, in order to seal these cases you must meet a few requirements. Briefly, they are:

  • No convictions or pending cases in at least 10 years prior to the application,
  • Have less than two convictions on your criminal record. Either 2 misdemeanors or a misdemeanor and a felony,
  • Offenses must be eligible for sealing. Sex crimes, violent crimes and higher level felonies are not eligible for sealing.
Learn More About Sealing under CPL 160.59

3. What is the Statute of Limitations for Criminal Possession of Stolen Property Charges?

The statute of limitations depends on the degree of the crime charged. For Criminal Possession of Stolen Property in the Fifth Degree, the statute of limitations is 3 years. For all other degrees of CPSP charges, the statute of limitations is 5 years. Importantly, the statute of limitations can be tolled, or stopped for certain time periods. When assessing if your case is within the statute of limitations, it is best to consult a criminal defense attorney for help.

Contact Top Rated New York Criminal Defense Attorneys

If you or your loved one has been charged or is under investigation for committing any type of financial crime, you need experienced New York criminal defense counsel. We have handled numerous financial cases, including those involving criminal possession of stolen property. Read our client testimonials to see what our clients say about our services. Please call us at 212-729-9494 or contact us today for your free initial consultation.