Criminal possession refers to the unlawful holding of items that are prohibited by law, such as illegal drugs, firearms, or stolen property. This type of possession carries criminal penalties because the items are not legally owned. The law distinguishes between different degrees of criminal possession based on the nature of the items and their value.
This term is primarily used in criminal law. It applies when an individual is found to possess items that are illegal or stolen, and it can lead to serious legal consequences. Individuals facing charges related to criminal possession may benefit from legal forms and templates available through services like US Legal Forms, which can help them navigate the legal process.
Here are a couple of examples of abatement:
Example 1: A person is found with a stolen vehicle valued at $15,000. They could be charged with criminal possession of stolen property in the third degree.
Example 2: An individual is caught with illegal drugs and drug paraphernalia. They may face charges related to criminal possession of controlled substances, depending on the jurisdiction. (hypothetical example)
In New York, the following statutes address criminal possession of stolen property:
| State | Criminal Possession Statute | Class of Felony/Misdemeanor |
|---|---|---|
| New York | NY CLS Penal § 165.54 | Class B felony |
| California | Cal Penal Code § 496 | Felony or misdemeanor depending on circumstances |
| Texas | Tex Penal Code § 31.03 | Varies by value of property |
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
| Term | Definition | Key Difference |
|---|---|---|
| Possession of Stolen Property | Holding items known to be stolen. | Specifically involves stolen items. |
| Possession of Controlled Substances | Holding illegal drugs or drug paraphernalia. | Focuses on illegal drugs rather than stolen items. |
If you are facing charges related to criminal possession, it is essential to understand your rights and options. Consider the following steps:
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| Attribute | Details |
|---|---|
| Typical Penalties | Varies from misdemeanors to felonies based on the degree of possession. |
| Jurisdiction | State-specific laws apply. |
| Potential Fees | Legal fees vary; court-imposed fines can be significant. |
Criminal possession refers to the unlawful holding of prohibited items, such as illegal drugs or stolen property.