New York Penal Law § 165.40 – Criminal Possession of Stolen Property in the Fifth Degree

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Criminal Possession of Stolen Property in the Fifth Degree is a New York theft crime that makes it illegal to knowingly possess stolen property with the intent to benefit the actor or another person or to prevent the lawful owner from recovering their property. Criminal Possession of Stolen Property in the Fifth Degree is a Class A misdemeanor.

The Elements of Criminal Possession of Stolen Property in the Fifth Degree

In any criminal case, before a judge or jury can convict anyone of a crime, the prosecution must prove each element of the offense beyond a reasonable doubt. Criminal Possession of Stolen Property in the Fifth Degree is no exception. Below are the required elements:

1. The defendant was in possession of property they knew to be stolen; and
2. The defendant possessed the property with the intent to either benefit themselves or another person or to prevent the owner from recovering their property.

In this context, “knowingly” refers to both the possession of the property and the fact that the property was stolen. In other words, the prosecution must prove you were aware that you possessed property and that you knew the property was stolen.

Examples of Criminal Possession of Stolen Property in the Fifth Degree

Some common examples of Criminal Possession of Stolen Property in the Fifth Degree include the following:

• Husband steals a watch and gifts the watch to Wife, mentioning that the watch was stolen. In this case, both Husband and Wife could be charged with Criminal Possession of Stolen Property in the Fifth Degree.
• A man buys a car from a person he met on an internet chat site. Upon taking the car home, he realizes it was stolen, but he fails to return it.

Related Offenses to NY Penal Law § 165.40

Often, prosecutors bring charges of Criminal Possession of Stolen Property in the Fifth Degree along with one or more of the following:

• Criminal Possession of Stolen Property in the Fourth Degree – NY Penal Law § 165.45
• Criminal Possession of Stolen Property in the Third Degree – NY Penal Law § 165.50
• Criminal Possession of Stolen Property in the Second Degree – NY Penal Law § 165.52
• Criminal Possession of Stolen Property in the First Degree – NY Penal Law § 165.54
• Petit Larceny – New York Penal Law § 155.25
• Grand Larceny in the Fourth Degree – NY Penal Law § 155.30
• Theft of Services – NY Penal Law § 165.15
• Auto Stripping in the Third Degree – NY Penal Law § 165.09
• Unauthorized Use of a Vehicle in the Third Degree – NY Penal Law § 165.05

What Are the Defenses to Criminal Possession of Stolen Property in the Fifth Degree?

There are several defenses to Criminal Possession of Stolen Property in the 5th Degree. If successful, a defense can reduce your sentencing exposure, cause the prosecution to withdraw the case against you, or result in the jury returning a “not guilty” verdict.

The most common defenses to Criminal Possession of Stolen Property include:

• You did not know the property was stolen;
• You were unaware that you “possessed” the stolen property;
• Your intent in possessing the property was not to benefit yourself or someone else, or to prevent the lawful owner from recovering the property; or
• The property wasn’t actually stolen.

What Are the Penalties for Violating NY Penal Law § 165.40?

Criminal Possession of Stolen Property in the Fifth Degree is a Class A misdemeanor. In New York, Class A misdemeanor offenses carry a maximum sentence of up to one year in jail and a fine of up to $1,000.

Speak With an Experienced New York Theft Crimes Lawyer About Your Case Today

If you are currently facing charges of Criminal Possession of Stolen Property in the 5^th degree, don’t let the fact that the offense is a misdemeanor prevent you from taking the case seriously. Any conviction can dramatically impact your life, and it is essential you act now to protect your future. At Tilem & Associates, we have extensive experience representing clients charged with serious theft crimes and know what it takes to beat even the toughest cases. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.