What is Criminal Possession of Stolen Property (CPSP) in the Fourth Degree in NYC?
In New York, Criminal Possession of Stolen Property in the Fourth Degree is a class E felony.
The 4 highest degrees of Criminal Possession of Stolen Property are classified as a felony.
Most of the 4 felony Criminal Possession of Stolen Property degrees relate strictly to the alleged value of the stolen property that is knowingly possessed. The values of property in the Criminal Possession of Stolen Property degrees directly correspond to the degrees of Grand Larceny charge. Criminal Possession of Stolen Property in the Fourth Degree has several additional provisions that do not track value.
Retaining an experienced CPSP lawyer in NYC early on in your case is crucial in achieving a favorable outcome. Contact us today for a free, confidential consultation.
Criminal Possession of Stolen Property in the Fourth Degree, Penal Law 165.45, is charged when a person 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 one thousand dollars ($1,000);
- The property consists of a credit card, debit card or public benefit card;
- He is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property;
- The property consists of one or more firearms, rifles and shotguns, as defined in Penal Law Section 265.00;
- The value of the property exceeds one hundred dollars ($100) and the property consists of a motor vehicle (other than a motorcycle);
- The property consists of a scroll, religious vestment, a vessel, an item comprising a display of religious symbols which forms a representative expression of faith, or other miscellaneous item of property which:
- has a value of at least $100; and
- is kept for or used in connection with religious worship in any building, structure or upon the curtilage of such building or structure used as a place of religious worship by a religious corporation; or
- 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
New York Criminal Possession of Stolen Property in the Fourth Degree Penalties
In New York, a Criminal Possession of Stolen Property in the Fourth Degree charge is classified as a class E felony. The minimum prison term is 1 to 3 years and the maximum is 1 1/3 to 4 years if a person does not have a prior felony conviction. The reality is that jail is not required for a conviction of a Criminal Possession of Stolen Property in the Fourth Degree and that is rarely the outcome of a case especially if a person has little or no prior criminal history.
An aggressive and experienced Stolen Property lawyer is often able to obtain the reduction of charges to a favorable plea bargain to a lesser or even non-criminal offense. Every case is different and depends on the specific allegations, the strength or weakness of the evidence and a person’s background.
Criminal Possession of Stolen Property in the Fourth Degree Charges
Criminal Possession of Stolen Property in the Fourth Degree charges have 6 specific provisions. Only one relates to the value of any property that is allegedly stolen and knowingly possessed.
Criminal Possession of Stolen Property in the Fourth Degree is most commonly charged when the property in question is valued at more than $1,000. The next degree of Criminal Possession of Stolen Property, Criminal Possession of Stolen Property in the Third Degree, starts at property that is valued at more than $3,000.
The next most common Criminal Possession of Stolen Property in the Fourth Degree charge is if the property is a stolen credit card, debit card or public benefit card. If a person is charged for stealing a wallet or other similar item that contains any of these 3 cards, the value of the wallet is usually less than $1,000.
Still, if a credit card, debit card or public benefit card is contained in the wallet, then a person will be charged with Criminal Possession of Stolen Property in the Fourth Degree. The presumption that a person knew that the cards were stolen kicks in if the wallet or other similar item contains 2 or more credit cards, debit cards or public benefit cards.
Another common Criminal Possession of Stolen Property in the Fourth Degree charge relates to collateral loan brokers or pawnbrokers. The provision reads, “When a person 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 he or she is a collateral loan broker or is in the business of buying, selling or otherwise dealing in property. There is no value minimum value requirement. Here, as with all other Criminal Possession of Stolen Property charges, there must be proof that the collateral loan broker or pawnbroker knew that the property at issue was stolen.
There are 2 other value-related provisions of Criminal Possession of Stolen Property in the Fourth Degree for property worth more than one hundred dollars. First, if the property at issue is a car. The threshold is $100, although it is difficult to imagine a car costing less! Second, if the property is an article related to religion or faith, it is kept for a religious purpose inside a place of religious worship and it has a value of at least $100.
The final two provisions of Criminal Possession of Stolen Property in the Fourth Degree relate to the knowing possession of firearms and the precursors to the production of methamphetamine. If a person is charged with the knowing possession of a firearm, then there may also be charges for Criminal Possession of a Firearm. The least common Criminal Possession of Stolen Property in the Fourth Degree charge involves the knowing stolen possession of anhydrous ammonia or liquified ammonia gas for the purpose of manufacturing methamphetamine.
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.
