Article 165 Stolen Property | Penal Law 165.40
New York Criminal Possession of Stolen Property in the Fifth Degree Lawyer
Criminal possession of stolen property in the fifth degree is usually charged when police claim a person knowingly possessed stolen property and intended to benefit from it or prevent recovery by the owner. The defense often turns on knowledge, possession, and the circumstances under which the property was found.
Lebedin Kofman LLP represents clients in New York theft, larceny, stolen-property, fraud, and vehicle-related property cases. The firm focuses on early intervention, charge analysis, evidence review, and defense strategy designed to protect the client from both criminal penalties and long-term collateral consequences.
Call 646-663-4430 or contact the firm for a confidential consultation.
What prosecutors may focus on
- knowledge that property was stolen
- actual versus constructive possession
- where the property was found
- statements
- recovery records
- ownership proof
- co-defendant or passenger issues
Defense issues in these cases
- challenging whether the person knew the property was stolen
- disputing possession or control
- reviewing search and seizure issues
- testing whether police can connect the property to a specific theft
In theft and property cases, small factual differences can change the charge, the potential punishment, and the best defense path. The value of property, whether the client knew property was stolen, whether there was consent, and whether the matter is really a civil dispute can all become central issues.
Early defense work may include contacting prosecutors before indictment, preserving video or digital records, reviewing police body-camera footage, analyzing receipts or account records, preparing for grand jury issues, and building a record for dismissal, reduction, acquittal, or a carefully negotiated resolution.
Related defense pages
Frequently asked questions
Do prosecutors have to prove knowledge?
Yes. Possession alone is not the same as knowing the property was stolen. Knowledge is often one of the most important defense issues.
Can this charge arise even if I was not accused of stealing the property?
Yes. Stolen-property charges can be based on alleged possession even when a separate person is accused of the original theft.
Contact Lebedin Kofman LLP
If you are under investigation or have been arrested for a theft, larceny, stolen-property, or related charge, speak with counsel as early as possible. Call 646-663-4430 or contact Lebedin Kofman LLP.