RECEIVING STOLEN PROPERTY
Theft by receiving stolen property when occurs when a person receives, disposes of, or retains stolen property which the person knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property.
The Statutory Punishment
Receiving stolen property is a misdemeanor. However, a defendant will be charged with a felony offense if:
- The property which was the subject of the theft exceeded $24,999.99 in value, by imprisonment for not less than two nor more than 20 years;
- The property which was the subject of the theft was at least $5,000.00 in value but was less than $25,000.00 in value, by imprisonment for no less than one but not more than ten years and, in the discretion of the trial judge, as for a misdemeanor;
- The property which was the subject of the theft was at least $1,500.01 in value but was less than $5,000.00 in value, by imprisonment for no less than one but not more than five years and, in the discretion of the trial judge, as for a misdemeanor;
- The defendant has two prior convictions for a violation of theft as codified by the Georgia statute, upon a third conviction or subsequent conviction, is guilty of a felony and shall be punished by imprisonment for not less than one nor more than five years and, in the discretion of the trial judge, as for a misdemeanor;
- The property was taken by a fiduciary in breach of a fiduciary obligation or by an officer or employee of a government or a financial institution in breach of his or her duties as such officer or employee, by imprisonment for no less than one but not more than 15 years
“Known or should have known” – the law in Georgia states that a person can be found guilty of receiving stolen property even if he or she had no idea that it was actually stolen. All a prosecutor or Law Enforcement Officer must do is show that it is more likely than not that that person should have known in order to get the conviction. This is a potential dilemma for anyone charged with this crime. What makes it even more serious is the fact that it could be a felony conviction. A well experienced prosecutor knows how to quickly assess and convince a judge or jury in order to secure a conviction.
Don’t leave the fate of having a criminal record or your freedom up to chance. It is the prosecutor’s job to win convictions; in court, their win is your loss. You need a competent lawyer that will fearlessly and aggressively fight for your best interests. You need to hire ROY YUNKER LAW.