Theft by receiving stolen property in Georgia is a criminal offense when a person intentionally receives, retains, or disposes of stolen property, knowing that the property is stolen.
Under Georgia law, the prosecutor can charge you with theft by receiving stolen property if you have knowledge or reason to believe that the property you possess has been stolen.
To be convicted of theft by receiving stolen property in Georgia, the prosecution must prove the following elements beyond a reasonable doubt:
- The property was stolen,
- The accused received, retained, or disposed of the property,
- The accused knew or should have known that the property was stolen.
What Does It Mean to Receive Something?
To “receive” in the context of theft by receiving stolen property means to take possession or control of property that one knows or has reason to believe has been stolen. A person can be charged with theft by receiving stolen property if they knowingly or recklessly acquire, possess, conceal, or dispose of stolen property.
The person receiving the stolen property does not necessarily have to be the thief who originally stole the property. The crime can be committed by anyone who knowingly possesses or receives stolen property, regardless of whether they were involved in the actual theft.
In Georgia, theft by bringing stolen property into the state is also a criminal offense. Theft by bringing stolen property into Georgia occurs when a person brings property into the state that they know or have reason to believe has been stolen. The purpose of this law is to deter people from bringing stolen property into Georgia and to make it easier to prosecute people who do.
What If I Did Know the Property Was Stolen at the Time I Made My Purchase?
If you knew or had reason to know that the property you purchased was stolen when you made the purchase, you may be held criminally liable for theft by receiving stolen property. In such instances, your knowledge or reason to believe that the property was stolen can be inferred from the circumstances surrounding the purchase.
For example, suppose you bought a valuable item for a price that was significantly lower than its fair market value or from a seller who couldn’t provide any documentation proving ownership. In that case, it could be inferred that you knew or had reason to know that the property was stolen.
However, if you had no knowledge or reason to believe that the property was stolen at the time of purchase, it’s possible that you will not be held criminally liable for theft by receiving stolen property. In circumstances like these, you should cooperate with law enforcement and provide any information or documentation to help recover the stolen property and apprehend the thief.
Even if you weren’t criminally liable for theft by receiving stolen property, you might still be required to return the stolen property to its rightful owner or face civil liability for any damages caused by your possession or use of the stolen property.
Will I Get in Trouble If I Purchased the Property to Give It Back to the Owner?
If the purchaser intended to return the stolen property to its rightful owner, they might not be held criminally liable for theft by receiving stolen property, provided that they didn’t know or have reason to think the property was stolen at the time of purchase.
However, the law still requires the purchaser to take reasonable steps to return the stolen property to its rightful owner. For example, the purchaser should immediately contact law enforcement to report the stolen property, provide any relevant info about the seller or the circumstances of the purchase, and cooperate with law enforcement in their efforts to recover the stolen property.
If you as the purchaser fail to take reasonable steps to return the stolen property to its rightful owner, you may be held criminally liable for theft by receiving stolen property, even if you intended to return it to the owner. The law requires you to report any known or suspected criminal activity to law enforcement to prevent and deter further criminal activity.
Will I Be Charged for Theft by Taking If I Purchased Property That Was Stolen in a Theft by Taking?
If you knowingly or recklessly purchase property that was stolen in a theft by taking, you may be held criminally liable for theft by receiving stolen property. The key element in this crime is knowledge or reason to believe that the property was stolen at the time of purchase.
It doesn’t matter whether you were the actual thief who committed the theft by taking or a third party who purchased the stolen property from the thief. If you knew or had reason to believe that the property was stolen at the time of purchase, you may be charged with theft by receiving stolen property.
What Kind of Crime Is Theft by Receiving Stolen Property?
In this section, we will discuss charges for receiving stolen property (misdemeanor and felony).
The severity of the crime and the potential penalties depend on the value of the stolen property. In Georgia, theft by receiving stolen property is generally classified as a felony if the value of the property is $1,500 or more.
If the property’s value is less than $1,500, the crime may be classified as a misdemeanor and carry less severe penalties.
What Is the Penalty for Felony Theft by Receiving Stolen Property?
In Georgia, theft by receiving stolen property is classified as a felony if the value of the property is $1,500 or more. You could face imprisonment for up to twenty years if convicted of this offense. You might also be required to pay restitution to the victim of the theft.
The legal penalties for felony theft by receiving stolen property may also include probation, community service, and mandatory counseling or treatment. In some cases, a felony conviction for theft by receiving stolen property may result in the loss of certain civil rights, such as the right to vote or own firearms.
Felony theft by receiving stolen property can have long-term consequences that impact your personal and professional life. A felony conviction can make obtaining employment, housing, or credit difficult and may result in the loss of professional licenses or certifications.
If you are facing charges for this offense, seek the advice of an experienced criminal defense attorney who can help protect your legal rights and advocate on your behalf.
Do I Need a Criminal Lawyer?
If you or someone you know is facing charges of theft by receiving stolen property or any other criminal offense in Georgia, seek the advice of an experienced criminal defense attorney as soon as possible.
A criminal defense attorney can help protect your legal rights and advocate for the best possible outcome for your case.
Please don’t wait until it’s too late to protect your future. LegalMatch’s online attorney-client matching service can help you find an experienced criminal defense attorney in Georgia who can provide personalized legal representation for your theft case. Contact a Georgia criminal lawyer today to schedule a free case consultation and learn more about your legal rights and options.
