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Criminal Possession of Stolen Property in Nassau County, NY

Criminal possession of stolen property is considered a "crime of dishonesty" or a crime of “moral turpitude.” A conviction can cause a lifetime of consequences because the conviction will show up in the most basic background checks. If you are charged in Nassau County or throughout Long Island with possession of stolen property or dealing in stolen property, call Stephanie Selloni at 516-972-1212 to discuss your case.

If you were arrested for criminal possession of stolen property in the fifth degree, 165.40, or any felony versions of the charge in Nassau County, contact an experienced criminal defense attorney. Stephanie Selloni of Law Office of Stephanie Selloni has represented clients on a variety of larceny charges throughout Nassau County including Hempstead and Mineola. She also represents clients throughout Suffolk County and all of Long Island as well as the five boroughs of New York City.

Important defenses exist to fight these charges, but it is important you act quickly to preserve all avenues of attack. Call 516-972-1212 today to speak directly with Attorney Stephanie Selloni about the unique facts of your case.


Info on Nassau County Criminal Possession of Stolen Property Charges


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Criminal Possession of Stolen Property Defined by New York Law

Under New York law, criminal possession of stolen property in the fifth degree 165.40 provides:

"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."

In many cases, an allegation of possession of stolen property accompanies a charge for shoplifting under New York's petit larceny statute, Section 155.25. The statute for possession of stolen property limits the use of certain defenses because the statute provides that it is no defense that:

  1. The person who actually took the item from the owner has not been convicted, apprehended or identified; or
  2. The theft of the property did not occur in the State of New York.

The term "property" is defined in Section 155.00 and 156.00 to mean any money, personal property or other thing of value. Therefore, no matter the value of the property, the crime can be charged as a Class A misdemeanor punishable by up to 12 months in jail.

The term "stolen property" is defined in Section 155.05 to mean property that has been wrongfully taken, obtained or withheld from an owner by a person who did so with the intent to deprive another of such property or to appropriate such property to himself or herself or another person.

Certain presumptions exist under the law. These presumptions operate as a shortcut for the prosecution to make their burden of proof easier to meet. If approved by the trial court, the presumptions are read to the jury during the jury instruction phase of the trial. The presumptions in these cases provide that a person who knowingly possesses stolen property is presumed to possess it with the intent to benefit himself or herself or a person other than an owner thereof or to impede its recovery by an owner thereof.

This presumption can be overcome, but that showing often requires that the person who is accused of the crime takes the stand in his or her own defense. The presumption can also be overcome by presenting other evidence from another witness. Innocent reasons may explain why a person was in possession of recently stolen property.


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Penalties for Possession of Stolen Property

Criminal possession of stolen property under N.Y. Penal Law Section 165.40 can be charged as either a misdemeanor or felony offense depending on the value of the property stolen. If the value of the property is:

  • less than $1,000 - Class A misdemeanor (in the fifth degree) punishable by 12 months in jail;
  • $1,000 to 3,000 - Class E felony (in the fourth degree) punishable by up to 4 years in prison;
  • $3,000 to 50,000 - Class D felony (in the third degree) punishable by up to 7 years in prison; or
  • more than $50,000 - Class C felony (in the second degree) punishable by up to 15 years in prison.

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Finding an Attorney in Nassau County for Criminal Possession of Stolen Property

After an arrest for possession of stolen property in Long Island or Nassau County, contact an experienced criminal defense attorney at Law Office of Stephanie Selloni. Call today to discuss the charge, possible defenses and the best ways to aggressively fight the criminal allegations. From shoplifting to a more serious charge of grand larceny, Stephanie Selloni has the experience to fight these serious criminal charges.

She represents clients charged with possession of stolen property and other serious property crimes in Garden City, Hempstead, and Mineola in Nassau County, Suffolk County and the rest of Long Island, as well as the five boroughs of New York City.