What is Second Degree Criminal Possession of Stolen Property (CPSP) in NYC?
In New York, Criminal Possession of Stolen Property in the Second Degree is a class C felony. The crime is related to the value of the property that was alleged knowing possession of the stolen property.
Under Penal Law Section 165.52, 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 $50,000.
The value level below Criminal Possession of Stolen Property in the Second Degree is for stolen property valued more than $3,000, Criminal Possession of Stolen Property in the Third Degree. The value level above the Second Degree crime is Criminal Possession of Stolen Property in the First Degree, stolen property that is valued at more than one million dollars.
Retaining an experienced Criminal Possession of Stolen Property lawyer in New York early on in your case is pivotal in achieving a favorable outcome. Contact us today for a free, confidential consultation.
New York Second Degree Larceny and Criminal Possession of Stolen Property
Larceny and Criminal Possession of Stolen Property are closely related charges. Larceny addresses the alleged wrongful taking of property. Criminal Possession of Stolen Property address the alleged knowing possession of the stolen property. When the property that is allegedly stolen involves money, then it is likely that both crimes will be charged.
In New York, Larceny is broadly defined under Penal Law Section 155.05. The definition of Larceny includes acts that are defined as embezzlement, extortion and issuing a bad check. New York does not have separate crimes for those specific acts. Thus, if a person is charged with Larceny under any of those theories, then he or she will also be charged with Criminal Possession of Stolen Property for the possession of the funds.
New York Criminal Possession of Stolen Property in the Second Degree Penalties
Criminal Possession of Stolen Property in the Second Degree is a class C felony. The minimum prison term is 1 to 3 years and the maximum is 5 to 15 years if the person charged does not have a prior felony conviction. However, a prison sentence is not mandatory for a conviction to the Second Degree crime.
Two other sentencing options include a 3-year conditional discharge if a Judge finds that neither jail nor probation is appropriate considering the background of the person charged or a 3, 4 or 5 years probation if jail is not necessary to protect the public and the person charged could participate in a program through the Department of Probation supervision.
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.
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