Long Island Possession of Stolen Property Attorney

Possession of stolen property is a serious offense in New York that can result in jail time, substantial fines, and a lasting criminal record. These cases often turn on whether the person accused knew the property was stolen, which can mean the difference between a conviction and a dismissal.

At Michael A. Arbeit, P.C., we understand how easily one can become caught up in a misunderstanding. Whether you bought a used item without realizing it was stolen or police linked you to a theft investigation, you need a solid defense. Contact us today for a confidential consultation.

What Is Possession of Stolen Property Under New York Law?

Under New York Penal Law §§165.40–165.54, it is illegal to possess property knowing that it is stolen or having reason to believe it was obtained through theft. “Possession” can mean having the item in your physical control or stored somewhere under your control — such as a car, locker, or home.

New York law also creates certain presumptions about knowledge in cases involving dealers, pawn transactions, or multiple stolen items. In any event, the prosecution must prove that you:

• Had possession or control of stolen property
• Knew it was stolen
• Intended to benefit yourself or another person, or to prevent the rightful owner from recovering it

These cases hinge on what you knew and when you knew it. Buying something secondhand, accepting property from a friend, or holding an item temporarily doesn’t automatically make you guilty. What matters is whether the prosecution can prove intent beyond a reasonable doubt.

Degrees and Penalties for Possession of Stolen Property

New York classifies possession of stolen property in five degrees, depending on the value of the property and the circumstances:

• Fifth Degree (PL §165.40)–Class A misdemeanor — property valued at $1,000 or less. Punishable by up to one year in jail.
• Fourth Degree (PL §165.45)–Class E felony — property over $1,000. Punishable by up to 4 years in prison.
• Third Degree (PL §165.50)–Class D felony — property over $3,000. Punishable by up to 7 years in prison.
• Second Degree (PL §165.52)–Class C felony — property over $50,000. Punishable by up to 15 years in prison.
• First Degree (PL §165.54)–Class B felony — property over $1 million. Punishable by up to 25 years in prison.

Actual sentences can vary depending on the circumstances and prior record, and many cases are resolved through plea agreements or alternative dispositions.

How Do Possession Charges Arise?

These charges often arise from misunderstandings or circumstantial evidence. Common situations include:

• Purchasing used items through online marketplaces or from individuals without proof of ownership.
• Accepting property to hold or store for someone else.
• Pawning or reselling goods that later turn out to be stolen.
• Being found with property linked to a burglary or theft investigation.
• Driving a vehicle containing stolen items without realizing it.

Police may assume knowledge or intent where none existed. That’s why it’s critical to have a defense attorney who can carefully review the facts and explain your side of the story.

Defenses to Possession of Stolen Property Charges

Every case is unique, but effective defenses often focus on intent, knowledge, and the legality of the evidence collection process. We may argue that:

• You didn’t know the property was stolen. Lack of knowledge is a complete defense.
• You didn’t actually possess the item. It may have belonged to someone else or been stored without your control.
• You had no intent to benefit or deprive the owner. Borrowing or holding something temporarily isn’t theft.=
• Your rights were violated. Evidence may be excluded if the police conducted an unlawful search or seizure.
• You were misidentified. Witness mistakes or false accusations are more common than many realize.

In some cases, we can challenge how the property was valued or whether the evidence even meets the statutory definition of “stolen.” If a dismissal isn’t possible, we’ll work to reduce the charges or seek alternatives such as conditional discharge or adjournment in contemplation of dismissal (ACD).

How Michael A. Arbeit, P.C. Can Help

When you hire our firm, you work directly with attorney Michael Arbeit, who has represented clients across Nassau County, Suffolk County, Queens, and the greater New York area for decades. We understand how prosecutors build these cases — and how to expose the weaknesses in their evidence.

Our approach is straightforward:

• We analyze the facts from day one and identify potential defenses.
• We communicate openly, keeping you informed at every stage of the process
• We negotiate assertively when a favorable resolution is possible.
• We fight in court when justice requires it.

You’re not just a case file. We treat every client with respect, urgency, and the attention their situation deserves.

Accused of Possession of Stolen Property in Long Island? Call Today

If you’ve been charged with possession of stolen property anywhere in Long Island or the New York metropolitan area, turn to Michael A. Arbeit, P.C. The sooner we get involved, the more options you may have to protect your future. Contact our office today.

S 165.40 Criminal possession of stolen property in the fifth degree.

  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.
  Criminal possession of stolen property in the fifth degree
  is a class A misdemeanor.

S 165.45 Criminal possession of stolen property in the fourth degree.

  A person is guilty of criminal possession of stolen property in the
fourth 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, and when:
  1. The value of the property exceeds one thousand dollars; 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,
as such terms are defined in section 265.00 of this chapter; or
  5. The value of the property exceeds one hundred dollars and the
property consists of a motor vehicle, as defined in section one hundred
twenty-five of the vehicle and traffic law, other than a motorcycle, as
defined in section one hundred twenty-three of such law; or
  6. The property consists of a scroll, religious vestment, vessel or
other item of property having a value of at least one hundred dollars
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, as incorporated under the religious corporations law or the
education law.
  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.
  Criminal possession of stolen property in the fourth degree
  is a class E felony.

S 165.50 Criminal possession of stolen property in the third degree.

  A person is guilty of criminal possession of stolen property in the
third 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, and when the value of the property exceeds
three thousand dollars.
  Criminal possession of stolen property in the third degree
  is a class D felony.

S 165.52 Criminal possession of stolen property in the second degree.

  A person is guilty of criminal possession of stolen property in the
second 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, and when the value of the property
exceeds fifty thousand dollars.
  Criminal possession of stolen property in the second degree
  is a class C felony.

S 165.54 Criminal possession of stolen property in the first degree.

  A person is guilty of criminal possession of stolen property in the
first 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, and when the value of the property exceeds one
million dollars.
  Criminal possession of stolen property in the first degree
  is a class B felony.

S 165.55 Criminal possession of stolen property; presumptions.

  1. A person who knowingly possesses stolen property is presumed to
possess it with intent to benefit himself or a person other than an
owner thereof or to impede the recovery by an owner thereof.
  2. A collateral loan broker or a person in the business of buying,
selling or otherwise dealing in property who possesses stolen property
is presumed to know that such property was stolen if he obtained it
without having ascertained by reasonable inquiry that the person from
whom he obtained it had a legal right to possess it.
  3. A person who possesses two or more stolen credit cards, debit cards
or public benefit cards is presumed to know that such credit cards,
debit cards or public benefit cards were stolen.
  4. A person who possesses three or more tickets or equivalent
instrument for air transportation service, which tickets or instruments
were stolen by reason of having been obtained from the issuer or agent
thereof by the use of one or more stolen or forged credit cards, is
presumed to know that such tickets or instruments were stolen.

S 165.60 Criminal possession of stolen property; no defense.

  In any prosecution for criminal possession of stolen property, it is
no defense that:
  1. The person who stole the property has not been convicted,
apprehended or identified; or
  2. The defendant stole or participated in the larceny of the property;
or
  3. The larceny of the property did not occur in this state.

S 165.65 Criminal possession of stolen property; corroboration.

  1. A person charged with criminal possession of stolen property who
participated in the larceny thereof may not be convicted of criminal
possession of such stolen property solely upon the testimony of an
accomplice in the larceny unsupported by corroborative evidence tending
to connect the defendant with such criminal possession.
  2. Unless inconsistent with the provisions of subdivision one of this
section, a person charged with criminal possession of stolen property
may be convicted thereof solely upon the testimony of one from whom he
obtained such property or solely upon the testimony of one to whom he
disposed of such property.