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Defense Lawyers for Theft by Receiving Stolen Property in Georgia

At Bixon Law, we understand the legal nuances regarding theft by receiving stolen property. In the state of Georgia, you do not have to be a thief to be convicted of thievery. Even if you are proven to have not stolen an item, you can still be charged and punished for possessing the item the same as if you were the thief. Under the Theft by Receiving Stolen Property statute, if you have any interaction at all with a stolen item, you might as well have just stolen it yourself- unless you have no knowledge it was stolen. This is because all theft charges in Georgia share the same punishments. Because of this, you must be represented properly by experienced legal counsel who understands the complexities of your case and can effectively advocate on your behalf.

Definition and Elements of Theft by Receiving Stolen Property

In full, O.C.G.A. § 16-8-7 reads: “A person commits the offense of theft by receiving stolen property when they receive, dispose of, or retain stolen property which they know or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. It shall not be necessary to show a conviction of the original thief.”

The important word here is “knowledge”. In 1972, Hudgins v. State ruled that “Knowledge may be shown by circumstances which would excite suspicion in the mind of an ordinarily prudent man.” In other words, to convict you of Theft by Receiving, the state has to convince a jury that there were enough red flags that they would suspect the goods were stolen if they were put in the same situation. They may also highlight or spin any behaviors you have exhibited (i.e. hiding the goods) as circumstantial evidence to paint a picture to the jury that you knew goods were stolen- because of this, it is extremely important to remain calm and avoid looking suspicious while interacting with law enforcement.

Defenses and Mitigating Circumstances in Theft by Receiving

Lack of Intent▼

In Georgia, theft crimes are crimes of intent, meaning that you can only be convicted of the crime if you explicitly and deliberately committed the act. A criminal defense attorney can make the case that you did not intend to conduct any illegal activity. In addition to demonstrating a lack of intent, a criminal defense attorney can explore potential procedural errors or constitutional violations that may have occurred during the investigation or arrest process. By thoroughly examining all aspects of the case, your attorney can develop a comprehensive defense strategy tailored to your situation.

I Didn’t Know it Was Stolen▼

There is room to make the case that you purchased an item without awareness that it was stolen. This hinges on you being able to prove that a reasonable person would not have known or suspected that the property was stolen. Because “what a reasonable person would know” is subjective, this can be a difficult approach. However, with the guidance of a skilled theft defense attorney familiar with Georgia’s legal standards and precedents, navigating this subjective aspect of the law becomes more manageable.

Inflated Value by the Court▼

Because the severity of the punishment imposed on you hinges on the value that the court assigns to the item in question, a powerful tool is to challenge the stated value. For example, if the state says that a diamond ring found on the street was worth $1,500, we may be able to find a jewelry appraiser who would testify that certain blemishes on the ring bring its market value down to a dollar value within the misdemeanor level.

Evidence of Entrapment ▼

In some cases, law enforcement may engage in entrapment, wherein they induce or coerce individuals into committing a crime they wouldn’t have otherwise committed. An experienced defense attorney can investigate whether entrapment played a role in the alleged theft and argue for its significance in your defense strategy.

Legal Consequences and Penalties for Theft by Receiving Stolen Property

The punishments for theft are governed by O.C.G.A. § 16-8-6. This statute rules that violations of theft statutes are determined to be Felonies or misdemeanors primarily on whether the value of stolen goods surpasses a given dollar amount or not. Contrary to the common belief that the threshold is $500, the dollar value at which a theft crime becomes a felony is almost universally $1,500. While most of the exceptions to this are obscure, there is one notable exception- theft of a firearm or explosive is specifically codified as a felony, regardless of the market value of the firearm.

Once the $1,500 threshold is surpassed, however, the following punishment requirements apply:

(A) If the property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for 2-20 years;

(B) If the property which was the subject of the theft was $5,000.00-$25,000.00 in value, by imprisonment for 1-10 years and, in the discretion of the trial judge, as for a misdemeanor;

(C) If the property which was the subject of the theft was $1,500.01-$5,000.