Receiving Stolen Property Charge in New York Should Not Be Easily Dismissed
CRIMINAL POSSESSION OF STOLEN PROPERTY is a felony offense in the state and city of New York. Regardless of whether or not you are convicted of theft, the criminal possession of stolen property is still a chargeable offense with serious legal consequences. You need the legal assistance of a strong NYC criminal defense attorney
Criminal Possession: New York Laws
Under New York State law, as in most states, it is possible to be charged with possessing stolen property even though the individual took the property. In most cases, a successful defense turns on whether the person charged had personal knowledge that the property was stolen. Often, these cases involve an allegation that an individual sold, or tried to sell, stolen property at a pawn shop.
Even the simple possession of stolen property, even if you were not responsible or involved in the theft, may result in a criminal charge. The prosecutor must prove that you:
- Willfully possessed the property;
- Understood that the property was stolen;
- Intended to benefit yourself, a third party or keep the owner from recovering the property.
Types and Degrees of Charges
- $1000, then the criminal action may be charged in the fourth degree
- $3000, then the criminal act may be charged in the third degree
- $50,000, then the criminal action may be charged in the second degree
- $1,000,000, then the crime can be accused in the first degree
Defenses for Criminal Possession of Stolen Property Charge
It normally is not a defense to claim that someone else actually stole the property, even if that person has been identified and convicted of stealing the item(s). Typically, it is not a defense to say that the property was filched outside New York State.
Only an experienced criminal defense attorney, such as the one that can be retained from Bukh and Associates, is best suited to develop a defense against criminal possession of stolen property, a severe charge.
New York States sentencing guidelines are not only intimidating, but confusing as well. Before an attorney can explain how the guidelines will impact your life, some questions must be answered.
The obvious question to begin with is if the offense you have been charged with is a felony or a misdemeanor. The next question is that of having a criminal record. If you have a felony conviction within the previous ten years prior to your current conviction, then your sentence will be harsher. The “10-year rule” is not hard and fast as the period in which previous convictions are considered also depends on the severity of the current offense and any co-occurring offenses.
Again, a knowledgeable, experienced attorney from Bukh and Associates should be consulted immediately to make sure your case has the best possible outcome.
Finding an Attorney
If you are contacted by a law officer about possessing stolen property, your first call, before you make a statement, needs to be to Bukh and Associates. An experienced attorney will be able to meet with you to discuss the charges and begin a defense. Being proactive in contacting Bukh and Associates can mean the difference between incarceration and walking free.
It doesn’t matter if you are an accountant, teacher or employed as something else, spending just one minute on Rikers Island is one minute too long.
Regardless of where you are arrested on Criminal Possession charges, if you are convicted, you will have a criminal record forever.Prior results do not guarantee a similar outcome. ATTORNEY ADVERTISEMENT.