In Nassau County, New York, Criminal Possession of the Stolen Property is Illegal
Criminal possession of stolen goods is a "crime of dishonesty" or a "moral turpitude" offense. Because a misdemeanor will show up in even the most basic background checks, it can have long-term ramifications. Contact a theft defense attorney to discuss your case if you have been prosecuted with possession of stolen goods or dealing in stolen property in Nassau County or around Long Island. Theft, often known as larceny, is a serious felony that includes taking or using another person's property without permission. Numerous various sorts of theft fall under those same two broad categories, including embezzlement, shoplifting, fraud, and robbery.
Possession of Stolen Property as a Crime New York law defines it
Criminal possession of stolen goods in the fifth level in New York entails:
"When a person has committed his stolen goods to profit himself or a person other than the owner thereof or to obstruct the recovery by an owner thereof, he is guilty of criminal possession of the stolen property in the fifth degree."
In many circumstances, a charge of snatching under New York's petit larceny statute, Section 155.25, is accompanied by an accusation of misappropriation of merchandise. The legislation regarding possession of stolen goods restricts the use of certain defenses, stating that:
1.The person who took the item from the owner has not been convicted, detained, or recognized;
2.Or the theft did not happen in the state of New York.
Under the law, there are several presumptions. The prosecution uses these unfounded assumptions as a shortcut to make its burden of proof easier to fulfill. The presumptions are read to the jury during the jury instruction phase of the trial if the trial court approves them. In some instances, a person who knowingly holds stolen property is believed to have done so to profit them self or a person other than the owner of the building or to obstruct the recovery of the item by the owner.
This presumption can be disproved, although doing so frequently necessitates the person accused of the crime testify in their defense.
Another way to overcome the assumption is to introduce evidence from another witness. A person's possession of recently stolen items might be for various reasons.
Locating a Criminal Possession of Stolen Property Attorney in Nassau County
Contact a professional criminal defense attorney at the Law Office of Stephanie Selloni if you have been arrested for possession of the stolen property on Long Island or Nassau County. Call now to discuss the charge, defenses, and the best strategies to vigorously combat the criminal allegations. The attorney knows to defend you against these potential felony accusations from shoplifting to grand theft.
Author Bio:
The author has an overview and explains how theft crimes are in New York.