PL 165.54 · Article 165
Criminal Possession of Stolen Property in the First Degree
This offense concerns knowing possession of stolen property worth more than one million dollars, coupled with a specified intent. The intent may be to benefit the person accused or someone other than an owner, or to impede an owner's recovery; these are alternatives, not cumulative requirements.
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Text us immediately · (845) 290-2492Definition under New York law
PL 165.54 · Original statutory wording; excerpts must be read together with the full section.
§ 165.54 Criminal possession of stolen property in the first degree.A person is guilty of criminal possession of stolen property in thefirst degree when he knowingly possesses stolen property, with intent tobenefit himself or a person other than an owner thereof or to impede therecovery by an owner, and when the value of the property exceeds onemillion dollars.Criminal possession of stolen property in the first degree is a classB felony.Read the full section at the New York State SenateIn everyday language
This offense concerns knowing possession of stolen property worth more than one million dollars, coupled with a specified intent. The intent may be to benefit the person accused or someone other than an owner, or to impede an owner's recovery; these are alternatives, not cumulative requirements.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove every required element beyond a reasonable doubt.
- The person accused knowingly possessed property that was stolen, knowing its stolen character.
- The person accused intended to benefit themselves or a person other than an owner, or intended to impede recovery by an owner. These intent alternatives are not cumulative.
- The property's value exceeded one million dollars.
Defenses that commonly apply
- What evidence establishes possession by the person accused and knowledge that the property was stolen?
- What evidence supports or contradicts an intent to benefit a nonowner or impede an owner's recovery?
- What valuation evidence establishes that the property exceeded one million dollars?
Penalties and collateral consequences
A Class B Felony carries a maximum sentence of up to 25 years and a fine of up to $5,000.
Common questions about your defense
Can disputed knowledge or value undermine a first-degree stolen-property possession charge?
The prosecutor must prove knowing possession of stolen property, a specified intent, and value exceeding one million dollars beyond a reasonable doubt. Evidence that the person accused did not know the property was stolen, lacked the required intent, or possessed property not exceeding that threshold may undermine this charge. A lawyer could investigate those issues, but their effect depends on the evidence.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
PL 165.52 · Class C Felony
PL 140.20 · Class D Felony
PL 165.05 · Class A Misdemeanor
PL 165.40 · Class A Misdemeanor
PL 165.45 · Class E Felony
PL 165.50 · Class D Felony