What is Criminal Possession of Stolen Property (CPSP) in the First Degree in NYC?
In New York, Criminal Possession of Stolen Property in the First Degree is a class B felony. Under Penal Law Section 165.54, a person is guilty of Grand Larceny 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.
The degree level below Criminal Possession of Stolen Property in the First Degree is for stolen property valued more than $50,000, Criminal Possession of Stolen Property in the Second Degree. There is no degree level above Criminal Possession of Stolen Property in the First Degree because it is the highest degree.
Retaining an aggressive Criminal Possession of Stolen Property lawyer in New York early on in your case is crucial to achieving a favorable outcome. Contact us today for a free, confidential consultation.
Larceny Charges and Criminal Possession of Stolen Property
Due to the $1,000,0000-plus threshold, Criminal Possession of Stolen Property in the First Degree is most commonly charged with Larceny where the allegation involves embezzlement or extortion. New York does not have a separate crime called embezzlement or extortion. Rather, both embezzlement and extortion are defined as Larceny in New York.
Embezzlement Charges and Criminal Possession of Stolen Property
In New York, the Embezzlement charges are defined as one of the many different types of Larceny. The crime of Larceny is defined in Penal Law Section 155.05(1) as with intent to deprive another of property or to appropriate the same to himself or to a third person, he wrongfully takes, obtains or withholds such property from an owner thereof. Penal Law Section 155.05(2)(a) states that Larceny includes a wrongful taking, obtaining or withholding of another’s property. . . by conduct known as common law larceny by trespassory taking, common law larceny by trick, embezzlement, or obtaining property by false pretenses.
The common meaning of Embezzlement is not defined in New York law, though its common definition is the misappropriation of funds placed in one’s trust or belonging to one’s employer. The jury instructions in New York define Embezzlement as exercising control over the property in a manner inconsistent with the continued rights of the owner, knowing that he or she has no permission or authority to do so. Whether or not a person has permission or authority to take or convert funds from an employer or any other person, is often a question of fact.
Extortion Charges and Criminal Possession of Stolen Property
Like Embezzlement charges, Extortion is included in Larceny charges in New York. Unlike Embezzlement, Extortion charges are defined in the law. Under Penal Law Section 155.05(2)(e), Extortion is defined as compelling or inducing another person to deliver such property to himself or to a third person by means of instilling in him a fear that, if the property is not so delivered, the actor or another will take another specific act the most common of which includes:
- Cause physical injury to some person in the future;
- Cause damage to property;
- Engage in other conduct constituting a crime;
- Accuse some person of a crime or cause criminal charges to be instituted against him;
- Expose a secret or publicize an asserted fact, whether true or false, tending to subject some person to hatred, contempt or ridicule;
- Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense;
- Use or abuse his position as a public servant by performing some act within or related to his official duties, or by failing or refusing to perform an official duty, in such manner as to affect some person adversely; or
- Perform any other act which would not in itself materially benefit the actor but which is calculated to harm another person materially with respect to his health, safety, business, calling, career, financial condition, reputation or personal relationships
Thus, Extortion charges in New York are extremely broad. Whether or not a person as committed one of the specific acts listed above is often a close question of fact. Often there is evidence that tends to refute the Extortion charges.
A person may be accused of committing Criminal Possession of Stolen Property through an alleged act of Extortion and never receive any money. However, there must be strong evidence that a person engaged in conduct to commit Extortion. In that event, even if no money was ever received by the person charged he or she would be charged with Attempted Extortion.
New York Criminal Possession of Stolen Property First Degree Penalties
Criminal Possession of Stolen Property First Degree is a class B felony in New York. The crime is punished by a minimum is 1 to 3 years in prison and a maximum of 8 1/3 to 25 years if a person does not have a prior felony conviction.
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.