Theft by Receiving
As experienced Atlanta criminal defense attorneys, we provide the aggressive representation you need when accused of receiving stolen property.
There are a variety of different theft crimes in Georgia, all of which carry potentially severe penalties. One of these involves theft by receiving, where you buy or otherwise acquire property that was originally stolen by another. At Ghanayem & Rayasam, we provide the aggressive legal representation you need when facing these charges. Our Atlanta criminal defense attorneys act as a strong legal ally on your side, helping you avoid the penalties associated with a theft conviction.
Charges Involving Theft by Receiving
Theft crimes are outlined in detail under Georgia law. Charges you face depend on the type and value of the property, where it was located at the time, and the manner in which is was stolen or misappropriated. Under Section 16-8-7 of the Georgia Code, you can be charged with theft by receiving for possessing, disposing of, or retaining property that you either knew was stolen or that you should have realized was obtained through illegal means. This can involve any of the following:
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Personal property, such as cars, furnishings, jewelry of other items;
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Cash, stolen checks, or other types of funds;
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Personal identifying information, such as identification cards, bank account numbers, or other items that would allow you to assume someone’s identity or access funds;
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Guns, weapons, and other items obtained through illegal means.
Potential Penalties You Could Face
Depending on the circumstances surrounding the crime and the value of the property involved, theft by receiving can be classified in one of two ways:
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As a misdemeanor offense: When theft by receiving involves property valued at $1500, this is generally charged as a misdemeanor crime. Penalties include fines of up to $1,000 and up to one year in jail.
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As a felony offense: Receiving higher amounts of stolen property is charged as a felony. While the judge has discretion in determining your penalties, felony theft by receiving involves a mandatory minimum one year prison sentence. Depending on the circumstances, you could be facing up to 10 years in jail.
A conviction for theft by receiving can also result in a permanent criminal record. This can keep you from obtaining jobs or housing while limiting your rights to vote or own a gun. To prevent these types of penalties, you need Ghanayem & Rayasam to immediately begin building you a strong criminal defense.
Defenses to Theft by Receiving
In previous cases heard before the Georgia Court of Appeals (Suggs v. State, 59 Ga. App. 331, (1954)), the court found that there were four elements involved in the crime of theft by receiving:
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That you bought, traded for, or otherwise acquired and received the stolen property;
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That another person was responsible for the theft of the property;
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That you knew the property was stolen at the time you received it;
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That by receiving stolen property, you acted with criminal intent.
As a means to protect you against the penalties you face for receiving stolen property, our Atlanta criminal defense attorneys can gather the evidence needed to disprove one or all of the above. We may be able to argue that either the property cannot be proven as stolen, that you did not knowingly purchase or acquire the property, or if you did, that you did not know it was stolen at the time.
Contact Our Atlanta Criminal Defense Attorneys
At Ghanayem & Rayasam, we can help strategize a strong legal defense to protect you against charges of theft by receiving and the penalties associated with a conviction. Request a consultation to discuss your case and contact our Atlanta criminal defense attorneys today.