Long Island's Premier Criminal & DWI Defense Law Firm
Long Island Possession of Stolen Property Lawyer (PL 165.40, 165.45, 165.50)
Criminal possession of stolen property in the fifth degree (PL 165.40) is a class A misdemeanor in New York. It becomes a felony when the property is worth more than $1,000, or is a credit or debit card, a firearm or a car worth more than $100. You don’t have to be the person who stole it: the charge covers knowingly having stolen property with intent to benefit yourself or someone else, or to keep it from its owner. Richard Hochhauser is a former Nassau County prosecutor who defends these charges in the Suffolk County First District Court in Central Islip and the Nassau County First District Court in Hempstead.
Free
Consultation in person, by video call or phone call
24/7
We answer calls after an arrest
Former
Nassau County prosecutor
Charged with possession of stolen property?
Call before your first court date. We answer 24/7, and the first consultation is free, in person, by video call or by phone call.
Stolen property arrests on Long Island
We reviewed two years of arraignment records from the Nassau County and Suffolk County district courts. More than 90 people were charged with criminal possession of stolen property, more than half of them in Suffolk County. About 4 out of 5 were charged with a felony. The most common charges were possession of property worth more than $3,000 (third degree) and possession of a stolen credit or debit card (fourth degree).
Degrees of criminal possession of stolen property
| Charge | When it applies | Level and maximum sentence |
|---|---|---|
| 5th degree (PL 165.40) | Knowingly possessing stolen property of any value | Class A misdemeanor: up to 364 days in jail |
| 4th degree (PL 165.45) | Property worth more than $1,000, or a credit, debit or public benefit card, a firearm, or a motor vehicle worth more than $100, among other grounds | Class E felony: up to 4 years in prison |
| 3rd degree (PL 165.50) | Property worth more than $3,000 | Class D felony: up to 7 years in prison |
| 2nd degree (PL 165.52) | Property worth more than $50,000 | Class C felony: up to 15 years in prison |
One card is enough for a felony. Possessing a single stolen credit or debit card is criminal possession in the fourth degree, a felony, whatever the balance on the card. Many Long Island cases involve a wallet or card found in a car or a bag.
What the prosecution must prove
- The property was stolen.
- You possessed it, either physically or by having control over where it was kept, such as a car or a room.
- You knew it was stolen. This is usually the most contested element.
- You intended to benefit yourself or someone else, or to keep the owner from getting it back. The law presumes this intent once knowing possession is proven.
Presumptions prosecutors rely on
New York law lets prosecutors presume that a person knew property was stolen in certain situations, including:
PL 165.55
Two or more stolen cards
Possessing two or more stolen credit, debit or public benefit cards creates a presumption that you knew they were stolen.
PL 165.55
Dealers and resellers
A person in the business of buying or selling property is presumed to know it was stolen if they bought it without reasonable inquiry into the seller’s right to sell it.
A presumption can be rebutted with evidence, such as receipts, messages or testimony showing how you came to have the property.
Defenses in stolen property cases
Knowledge
You didn’t know it was stolen
Buying something secondhand, borrowing a car or holding a bag for a friend is not a crime unless you knew the property was stolen. Price, source and circumstances all matter.
Possession
It wasn’t yours to control
Property found in a shared car, apartment or bag may not have been in your possession at all. We examine who had access and control.
Value
The value is overstated
The felony degree depends on value. We challenge inflated replacement costs and insist on proof of actual market value, which can reduce a felony to a misdemeanor.
Suppression
An unlawful stop or search
If the police found the property during an illegal stop or search, we move to suppress it.
Charged with the theft itself? See our Long Island theft and grand larceny lawyer page. Related: unauthorized use of a vehicle (PL 165.05).
See results in theft cases: our successful cases.
Prior results do not guarantee a similar outcome.
Possession of stolen property: frequently asked questions
Is possession of stolen property a felony in New York?
It depends on the property. Criminal possession of stolen property in the fifth degree, PL 165.40, is a class A misdemeanor. It is a felony if the property is worth more than $1,000, or is a credit or debit card, a firearm, or a motor vehicle worth more than $100.
Is having someone else’s credit card a felony?
Possessing a stolen credit, debit or public benefit card is criminal possession of stolen property in the fourth degree, a class E felony, under PL 165.45(2). The prosecution must still prove you knew the card was stolen, but having two or more stolen cards creates a presumption of knowledge.
What if I didn’t know the property was stolen?
Knowledge is an element of every degree of the charge. If you didn’t know the property was stolen, for example because you bought it from someone who seemed legitimate, you are not guilty, although certain presumptions can apply.
What is the difference between possession of stolen property and larceny?
Larceny is the act of stealing. Possession of stolen property is knowingly having stolen property, even if someone else stole it. Prosecutors sometimes charge both.
Can a stolen property felony be reduced?
Often, yes. Challenging the value of the property, the proof of knowledge or the legality of the search can lead to a reduction to a misdemeanor, a dismissal or an ACD, especially for people with little or no record.
How much does a lawyer for this charge cost on Long Island?
We charge a flat fee, quoted after your free consultation.
Talk to a former prosecutor today
Free consultation in person, by video call or by phone call. We answer 24/7.
Our Offices
Garden City Office
1225 Franklin Ave #325
Garden City, NY 11530
Phone: (516) 939-1529
Appointments Only
See What Our Clients Are Saying
During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a great outcome for my case, but Richard helped make it a very smooth process and was always there when I had...
Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any profession these days. He was prepared and forthright every step of the way. I hope to never need his services...
Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important. Highly recommend!
Best DWI lawyer in New York!
Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls, and even texts regarding my concerns. Guided me through the whole process, made sure I understood everything...
Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed in its entirety. I would highly recommend procuring his services.
Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!
Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!
Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very knowledgeable. Highly recommend!!
Call Now to schedule a Free Consultation with Richard Hochhauser
Call or text anytime.