Free Consultation 212.577.9328
Larceny and Possession of Stolen Property

Larceny & Possession of Stolen Property

Fought By Our Skilled Theft Crimes Lawyer in Manhattan

An accusation or conviction of theft can jeopardize a person's future. If you are facing criminal accusations involving stolen property, turn to an experienced Manhattan theft crimes lawyer as soon as possible. In New York, the act of stealing something, more specifically taking something that does not belong to you with the intent to permanently deprive the rightful owner of that property is called larceny. New York's larceny statue has five separate degrees and varies depending on the stolen property's value and other aggravating or mitigating circumstances.

In many cases, the prosecutor will also bring charges of criminal possession of stolen property in conjunction with the applicable larceny charges. This means that if a person steals someone's wristwatch, they will not only charged with stealing the watch (larceny) but also with possessing the recently stolen watch (possession of stolen property). So essentially when you commit one act, you could be charged with two offenses.

Don't wait to contact an attorney. John Buza is an experienced Manhattan theft crimes attorney who is a former Manhattan prosecutor. If you or a loved one is accused of any of these crimes, do not hesitate to contact us for a free consultation.

Grand Larceny & Criminal Possession of Stolen Property in the First Degree

Grand Larceny in the First Degree is codified in New York Penal Code Section 155.42. It is usually brought in conjunction with Criminal Possession of Stolen Property in the First Degree, which is codified in Penal Code Section 165.54. Both Grand Larceny in the First Degree and Criminal Possession of Stolen Property in the First Degree are class B felonies. If a person with no prior felony convictions is convicted of a class B felony, the minimum period of incarceration is an indeterminate sentence of 1 to 3 years in prison and the maximum is 8 1/3 to 25 years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release. If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is 4 1/2 to 9 years and the maximum is 12 1/2 to 25 years. In all circumstances, the person is forced to be on parole between one to three years after his release.

155.42
For the government to sustain a conviction for Grand Larceny in the First Degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person wrongfully took, obtained, or withheld property from its rightful owner;
  • The person did so with the intent to deprive another of the property or to appropriate the property to themselves; and
  • The value of the property exceeded $1,000,000.

165.54
For the government to sustain a conviction for Criminal Possession of Stolen Property in the First Degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person knowingly possessed stolen property;
  • The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner; and
  • The value of the property exceeded $1,000,000.

Grand Larceny & Criminal Possession of Stolen Property in the Second Degree

Grand Larceny in the Second Degree is codified in New York Penal Code Section 155.40. It is usually brought in conjunction with Criminal Possession of Stolen Property in the Second Degree, which is codified in Penal Code Section 165.52. Both Grand Larceny in the Second Degree and Criminal Possession of Stolen Property in the Second Degree are class C felonies. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of a class C (non-violent and non-drug) felony, however, the maximum period of incarceration is an indeterminate sentence of 5 to 15 years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release. If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is 3 to 6 years and the maximum is 7 1/2 to 15 years. There is no period of mandatory parole after the person is released from custody.

155.40
For the government to sustain a conviction for Grand Larceny in the Second Degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person wrongfully took, obtained, or withheld property from its rightful owner;
  • The person did so with the intent to deprive another of the property or to appropriate the property to themselves; and
  • The value of the property exceeded $50,000.

165.52
For the government to sustain a conviction for Criminal Possession of Stolen Property in the Second Degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person knowingly possessed stolen property;
  • The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner; and
  • The value of the property exceeded $50,000.

Grand Larceny & Criminal Possession of Stolen Property in the Third Degree

Grand Larceny in the Third Degree is codified in New York Penal Code Section 155.35. It is usually brought in conjunction with Criminal Possession of Stolen Property in the Third Degree, which is codified in Penal Code Section 165.50. Both Grand Larceny in the Third Degree and Criminal Possession of Stolen Property in the Third Degree are class D felonies. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of either of these felonies, however, the maximum period of incarceration is an indeterminate sentence of 2 1/3 to 7 years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release. If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is 2 to 4 years and the maximum is 3 1/2 to 7 years. There is no period of mandatory parole after the person is released from custody.

155.35
For the government to sustain a conviction for Grand Larceny in the Third Degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person wrongfully took, obtained, or withheld property from its rightful owner;
  • The person did so with the intent to deprive another of the property or to appropriate the property to themselves; and
  • The value of the property exceeded $3,000.

165.50
For the government to sustain a conviction for Criminal Possession of Stolen Property in the Third Degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person knowingly possessed stolen property;
  • The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner; and
  • The value of the property exceeded $3,000.

Grand Larceny & Criminal Possession of Stolen Property in the Fourth Degree

Grand Larceny in the Fourth Degree is codified in New York Penal Code Section 155.30. It is usually brought in conjunction with Criminal Possession of Stolen Property in the Fourth Degree, which is codified in Penal Code Section 165.45. Both Grand Larceny in the Fourth Degree and Criminal Possession of Stolen Property in the Fourth Degree are class E felonies. There is no minimum period of mandatory incarceration if a person with no prior felony convictions is convicted of a class E (non-violent and non-drug) felony, however, the maximum period of incarceration is an indeterminate sentence of 1 1/3 - 4 years. An indeterminate sentence is one in which the person is sentenced to a range and the department of corrections determines how much of that range the person must serve before they are eligible for release. If the person has been previously convicted of a prior felony within 10 years of the new conviction, excluding time spent in prison, the minimum period of incarceration is 1 1/2 to 3 years and the maximum is 2 to 4 years. There is no period of mandatory parole after the person is released from custody.

155.30(1)
For the government to sustain a conviction for Grand Larceny in the Third Degree (subsection 1), the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person wrongfully took, obtained, or withheld property from its rightful owner;
  • The person did so with the intent to deprive another of the property or to appropriate the property to themselves; and
  • The value of the property exceeded $1,000.

165.45(1)
For the government to sustain a conviction for Criminal Possession of Stolen Property in the Second Degree (subsection 1), the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person knowingly possessed stolen property;
  • The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner; and
  • The value of the property exceeded $1,000.

Petit Larceny & Criminal Possession of Stolen Property in the Fifth Degree

Petit Larceny is codified in New York Penal Code Section 155.25. It is usually brought in conjunction with Criminal Possession of Stolen Property in the Fifth Degree, which is codified in Penal Code Section 165.40. Both Petit Larceny and Criminal Possession of Stolen Property in the Fifth Degree are class A misdemeanors. A person convicted of a class A misdemeanor may be sentenced up to one year in jail.

155.25
For the government to sustain a conviction for petit larceny, the government must prove the following two elements beyond a reasonable doubt.

It must prove:

  • The person wrongfully took, obtained, or withheld property from its rightful owner; and
  • The person did so with the intent to deprive another of the property or to appropriate the property to themselves.

165.40
For the government to sustain a conviction for Criminal Possession of Stolen Property in the Second Degree, the government must prove the following three elements beyond a reasonable doubt.

It must prove:

  • The person knowingly possessed stolen property; and
  • The person did so with the intent to benefit themselves or a person other than the owner of such property or to impede the recovery of such property by an owner.

All forms of larceny and criminal possession of stolen property are crimes that could carry prison sentences. In addition, criminal convictions may carry severe collateral consequences. John Buza is an experienced Manhattan theft crimes attorney who is a former Manhattan prosecutor.

Do not hesitate to contact us if you or a loved one is accused of any of these crimes. Call (212) 577-9328 today.

Awards

  • Super Lawyers Rising Stars
  • Top 100 Criminal Defense Attorneys
  • Top 100 Trial Lawyers
  • Avvo Clients' Choice Award 2017
  • Avvo Rating 10 - Superb Top Attorney Criminal Defense