Receiving Stolen Property O.C.G.A. 16-8-7
What is Receiving Stolen Property Charge in Atlanta Georgia?
You did not unlawfully take property from another person. You did not take the property away from them. This means you did not put the property in your pocket or move it to another room until the property’s owner left. You had no intention to permanently deprive the owner of their property. Yet, you have been charged with a theft crime. You have been charged with Receiving Stolen Property.
Theft in Atlanta Georgia is the crime of unlawfully taking and carrying away property that is not yours. You allegedly take the property with the intent to deprive the original owner of their property permanently.
According to Georgia 16-8-7 law, receiving stolen goods is a theft crime.
Georgia’s Receiving Stolen Property Charge Makes a Person Responsible for Knowing the Property was Stolen
A person can be accused of theft by receiving stolen property whenever they:
- Retains stolen property they knew or should have known was stolen
- Receives stolen property
- Dispose of property
For example, you were given property from another individual. Maybe you know the person likes to boost, or steal, goods and took the property anyway. You could be in trouble for taking property you should have a known was stolen.
Georgia Law Strictly Defines the Term “Receiving” in an Atlanta Georgia Receiving Stolen Goods Charge
The term “receiving” in the receiving stolen goods charge means the property was stolen by:
- Acquiring possession of the stolen property
- Controlling the property
- Lending on the property’s security
The Elements a Prosecutor must Prove to Convict You of Receiving Stolen Goods in Atlanta Georgia
To prove beyond a reasonable doubt that you are guilty, a prosecutor has to show a jury or judge that you:
- Obtained goods
- Those goods obtained was stolen
- You knew or should have known the goods were stolen
Penalty for Receiving Stolen Goods in Atlanta Georgia
The penalty for receiving stolen goods in Atlanta Georgia depends on the value of the property. For instance, if alleged stolen property exceeds $25,000, you face two to 20 years in prison. If the stolen property was valued from $5,000 to $25,000, then it is 10 years in prison. If the stolen property was valued from $1,500 to $5,000, you face one to five years in prison.
Receiving stolen property is only a misdemeanor if the stolen property was valued under $1,500. The penalty of the misdemeanor receiving stolen goods is up to 12 months in county jail. It also includes a fine of $500 to $1,000.
Prove Your Innocence in a Receiving Stolen Goods Charge with a Defense in Atlanta Georgia From Yeargan & Kert, LLC
A defense strategy is your best defense to avoiding jail time and paying fees. Receiving stolen property has some specific defenses that you can use. Some common defenses to avoid a conviction of a receiving stolen property include:
You did not know or have reason to know that the property you had was stolen. Your attorney will argue that you did not knowingly take stolen property. You did not have the knowledge the property belonged to someone else. By using this defense, you cannot be convicted of stealing property that was not yours because it does not meet the element.
You had no intent to take the property that belonged to someone else. Although you are not accused of taking the property directly from the owner, there are some theft defenses you can use. The innocent charge is one of them. You had no intent to take property stolen by another person. At no time did you intend to keep the property.
Lack of possession. You cannot be convicted of receiving stolen property if you did not have the property. This also means not having control of the property. For instance, you agreed to purchase a television from a friend. You arranged to have it picked up in two days from your friend’s house. Later that day, your friend tells you the television you just purchased was actually stolen. You do not take possession of the property. This means you cannot be convicted of receiving property that was stolen. You never had possession of the stolen property.
You thought you had a rightful claim to the property. This is called a claim of right to the property. You honestly believed you had the right to have the property. Your good faith claim may have been misguided, but you were not guilty of taken stolen property. For instance, a sibling asked to borrow your television. You let them borrow it. They later return the television. You get in trouble for receiving stolen property. You had a good faith believe the television was actually yours.
You have options to protect yourself against this criminal charge. One of the most difficult tasks in proving your innocence is coming up with a defense strategy. You may not be able to use one of the common defenses listed, but there are plenty of other defense options. You have to take your time and work with your defense attorney to come up with the best strategy to use.
Work with the Yeargan & Kert, LLC to Prove Your Innocence in Your Atlanta Georgia Receiving Stolen Goods Charge
At Yeargan & Kert, LLC, we have your back regarding your receiving stolen property charge. We will determine the best defense to use to prove your innocence. For example, we can argue that you did not know or have any reason to know the goods were stolen. This is a defense if you had no such knowledge or there was no way you should have known the property was stolen.
Other defenses include pleading actual innocence, no intent to receive the stolen goods and lack of possession. Contact Yeargan & Kert, LLC regarding your receiving stolen goods charge for a free case evaluation.