What is Fifth Degree Criminal Possession of Stolen Property (CPSP) in NYC?
Criminal Possession of Stolen Property in the Fifth Degree is the least serious of all of the 5 degrees. The charge has no minimum value of the property in contrast to the 4 other degrees of Criminal Possession of Stolen Property in New York.
Penal Law Section 165.40 states “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 classified as a class A misdemeanor.
A Criminal Possession of Stolen Property in the Fifth Degree charges carries a maximum penalty of 1 year in jail. However, jail or even a criminal record are rare outcomes of Criminal Possession of Stolen Property in the Fifth Degree cases.
Criminal Possession of Stolen Property does not have a minimum threshold for the value of allegedly possessed stolen property. In New York, the next 4 degrees of Criminal Possession of Stolen Property are punished as felonies. The next degree of the crime is Criminal Possession of Stolen Property in the Fourth Degree, which is stolen property that is valued at more than $1,000, as well as several specific categories of property regardless of value.
If you are facing CPSP charges, retaining an experienced Stolen Property Possession attorney in NYC is crucial to achieving a favorable outcome. Contact us today.
Shoplifting and Criminal Possession of Stolen Property Charges in New York
New York Criminal Possession of Stolen Property charges are common when the allegation is shoplifting. Criminal Possession of Stolen Property and Shoplifting charges may occur when a person is accused of not paying for an item at a store. If that is the allegation, then there will also be a Larceny charge.
Criminal Possession of Stolen Property and Shoplifting charges often result when a person possesses store property and walk past a point of sale and toward and exit, whether or not a person is stopped outside of the store. Criminal Possession of Stolen Property and Shoplifting charges may often result if a person merely possesses store property, without even approaching an exit, especially in New York City.
This is quite controversial and makes little sense. In such cases, the theory is that when a person inside of a store possesses and conceals the property, that they intend to leave the store without paying. Therefore, the theory goes, the property becomes stolen—inside of a store. Unless the police can read a person’s mind, they cannot possibly know what a person thinks or what he or she will or will not do.
Case Outcomes of New York Criminal Possession of Stolen Property Charges
A person convicted of Criminal Possession of Stolen Property in the Fifth Degree will have a permanent criminal record. As a class A misdemeanor, the crime has a maximum jail sentence of up to 1 year in jail. However, a criminal record and jail are rare outcomes for a Criminal Possession of Stolen Property in the Fifth Degree charge. An aggressive and experienced defense lawyer is often able to obtain dismissal of the charges or a non-criminal plea bargain.
One common outcome of a Criminal Possession of Stolen Property in the Fifth Degree charge is an Adjournment in Contemplation or ACD. When a prosecutor moves for an ACD, then the case is dismissed and sealed in 6 months if a person stays out of trouble during that period. In addition, a person who receives an ACD may be required to perform community service to receive the dismissal of the Criminal Possession of Stolen Property charge. Generally speaking, a prosecutor will ask for 1 day of community service for each one hundred dollars of the property that was allegedly stolen.
If a person has a prior criminal history, a defense lawyer may not be able to obtain an ACD. In that event, a defense lawyer may be able to obtain a non-criminal plea bargain to Disorderly Conduct, Penal Law Section 240.20. In New York, Disorderly Conduct is categorized as a violation, it is not a crime. If a person pleads guilty to Disorderly Conduct he or she does not have a criminal record as a result. Like the terms of an ACD, a person who pleads guilty to Disorderly Conduct is usually required to stay out of trouble for a period of time and may also be required to perform community service.
Speak With a NYC Stolen Property Possession Attorney Today
If you or a loved one is charged with Criminal Possession of Stolen Property in New York City, we’re here to help. Contacting a CPSP lawyer early in your case is important. A knowledgeable and aggressive CPSP lawyer may be able to have the charges completely dismissed based on the facts that are different in every case. In the alternative, a CPSP lawyer may be able to negotiate a favorable bargain to a non-criminal outcome or a lesser charge.
Contact The Law Firm of Andrew M. Stengel
Contact us via the live chat below, through our contact form here, or call us at (212) 634-9222. Initial consultations are free and confidential, and you will speak with Andrew M. Stengel directly.
Our offices are located at 11 Broadway, Suite 715, New York, NY 10004, and we handle cases throughout New York City, Nassau, Westchester and the surrounding counties.
