Theft by Receiving Auto in GA
In addition to facing criminal charges for theft by taking, you can also be charged with theft by receiving in Georgia. Learn more by calling a lawyer today.
While you may think of the act of theft as a crime that is committed with intent and action, in Georgia, there is also a statute for theft by receiving. As such, you can be charged with the crime of theft by receiving if stolen property is brought to you and you hold onto that property. Like other theft crimes, the penalties associated with a theft by receiving case depend, in large part, on the value of goods received. As such, if you are charged with theft by receiving an automobile, you could be looking at serious penalties. To learn more about theft by receiving auto, call our experienced criminal defense lawyers today.
Georgia Code: Theft by Receiving
As found in Georgia’s Criminal Code Section 16-8-7 - Theft by Receiving Stolen Property, a person commits an act of theft by receiving when they “receive, disposes of, or retains stolen property” that they know was stolen, unless the property was received with the intent of giving the property back to its rightful owner.
“Receiving” is also defined in the code as “acquiring possession or control or lending” over the property.
What Does the Prosecution Have to Prove?
In a criminal case, the burden lies on the prosecution to prove the defendant’s guilt beyond a reasonable doubt. In a case of theft by receiving auto, the prosecution will need to prove that:
- The property in question was stolen;
- The defendant received the property (based on the definition above);
- The defendant knew that the property was stolen; and
- The defendant did not receive the property with the intent of giving it back to its rightful owner.
Note that knowledge of wrongdoing and intent are two important elements of a criminal conviction in a theft by receiving case.
Penalties for Theft by Receiving Auto
As stated above, the penalties for theft by receiving depend, in large part, on the value of property received. When a theft of receiving crime involves property valued at more than $500, such as a motor vehicle, the crime is a felony offense. A felony offense of this type can be punished by up to 10 years in prison, as well as a large fine. In addition to the penalties imposed by the court, you may also suffer from challenges securing employment and other opportunities after a felony conviction. A felony conviction also means the loss of voting privileges.
Call a Skilled Georgia Criminal Defense Lawyer Today
If you have questions about theft by receiving auto and what your rights are if you are facing criminal charges, the first thing that you should do is to contact an experienced Georgia criminal defense lawyer. In no circumstance should you attempt to defend yourself against charges; working with an attorney is always highly advised and can significantly improve the outcome of your case. For a consultation with the law offices of Ghanayem & Rayasam, call us directly or send us a message at your convenience.