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  1. #1
    Join Date
    Jun 2012
    Posts
    1

    Default Criminal Possession of Stolen Property, 4th Degree

    My question involves criminal law for the state of: New York

    My boyfriend is going to court for criminal possession of stolen property in the 4th. (165.45) This says to be a 4th has to exceed $1,000 it is not over that. It was a used tv with the it being worth less then $1,000 now but it orginally was $1,200. I was just curious how much time he would be looking at and if there was anything he could do since nobody pressed any charges.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How Much Time Will Be Recieved for a for a Cpsp in the 4th

    It is not the victim that brings the charges, it is the state. Even the fourth degree is still a class E felony. He could get up to four years. What he will get depends on what the circumstances were and whether he has any priors. What he can do is get a lawyer. Felony convictions even if they don't lead to lengthy prison sentences can have serious, lifelong implications.

  3. #3
    Join Date
    Nov 2007
    Posts
    1,419

    Default Re: How Much Time Will Be Recieved for a for a Cpsp in the 4th

    He should have a chance to get it reduced to an A misdemanor b.c that is one level below an E felony but it depends on the lawyer,the Da and judge. He can ask for an acd which would dismiss the case if he stay out of trouble for 6 months but that can be a hard sell for a felony. If this his 1st offense he got a decent chance at probation but advoiding a felony conviction would be nice. If this happened in a big place like Manhattan and he has no priors for thefts or felonies I think chances are he could get probation. A smaller town or something might want him to spend some time in jail.

    If he can afford a lawyer,he needs to plead not guitly and ask for a legal aide. Then mention to the lawyer that he feels the value is less then the states claim. The lawyer would try to work something out. It all depends on the da and judge.

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