Theft charges in Georgia are legally complex and include receiving stolen property. The consequences of a conviction are also quite harsh, which makes bringing your strongest defense paramount. Turn to an experienced Atlanta criminal defense attorney at Ghanayem & Rayasam for the skilled legal guidance you need.
The Charge of Theft by Receiving Stolen Property
The charge of theft by receiving stolen property applies when the accused receives, retains, or disposes of property that they know or reasonably should know is stolen. Receiving, in this context, applies to acquiring either possession or control of the stolen property, or to borrowing on the property’s security.
Exception to the Rule
There is one legal exception to receiving, retaining, or disposing of stolen property. This is when the person who does so fully intends to return the stolen property to the rightful owner.
The Required Elements
Four elements are required for conviction of theft by receiving stolen property:
- The accused person either bought or received the stolen goods in question.
- Someone other than the accused stole the goods in the first place.
- At the time of receipt or purchase, the accused knew, or should have known, that the goods were stolen.
- As a result, the accused acted with criminal intent.
Ultimately, the accused’s knowledge and intent are pivotal in cases involving theft by receiving stolen property.
The Legal Consequences of a Conviction
Whether the charge of theft by receiving stolen property is a misdemeanor or a felony depends on the value of the stolen property. When the total value is $1,500 or less, the charge is a misdemeanor, and the legal consequences include up to a year in jail and fines of up to $1,000.
When the value of the stolen property ranges from $1,500 to $5,000, the charge can be elevated to a felony, which carries a sentence of 1 to 5 years in prison. The judge retains discretion to charge theft by receiving stolen property as a misdemeanor up to the point that the value of the property reaches $25,000. When the total value exceeds this threshold, however, the charge is a felony that carries a sentence of 2 to 20 years in prison.
The Social Consequences of a Conviction
A conviction also damages your community standing. You may struggle to find a job, rent a home, or pursue higher education.
Reach Out to an Experienced Atlanta Criminal Defense Lawyer Today
Don’t leave your defense to chance, turn to the experienced Atlanta criminal defense attorneys at Ghanayem & Rayasam now. Protect your rights and secure the strongest defense available. Contact us online or call 404-561-0202 today to get started.