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Theft by Receiving Stolen Firearm

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  Under § OCGA 16-8-7, a person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen.” If the item in question is less than $1,500, it is a misdemeanor, meaning the maximum punishment that someone can receive is a year in jail and/or a $1,000 fine. If the item reportedly stolen and possessed is worth more than $1,500, then that person will be charged with a felony. The punishment in that situation can be anywhere from 1 to 10 years in prison.

What’s my defense for stolen firearm?

    If you or a loved one has been charged with this offense, know that there are defenses in Georgia law. Possession of stolen property, alone, will not warrant a criminal conviction that will be carried forever. The State must prove knowledge that the item was stolen.  This knowledge, however, can be inferred from the circumstances, specifically if the circumstances would create suspicion it was stolen in the mind of an ordinarily prudent person.

If the item in question is a firearm, the crime will automatically be charged as a felony carrying 1 to 5 years in prison if convicted. The good news is courts have ruled in defendants’ favor in various situations. For example, it is insufficient to prove the person knew the gun was stolen just because it was bought on the street at a reduced price. Additionally, even if the gun is labeled for Law Enforcement use, this too is also insufficient for a criminal conviction for this charge.        

We can help!

     The attorneys of W. Scott Smith have handled numerous Theft by Receiving charges all over the state of Georgia, many of which involved stolen firearms. Because this is a felony charge, it is imperative to have attorneys on your side familiar with the law and defenses.  Call us today with your questions on Theft by Receiving Stolen Firearm. We offer FREE CONSULTATIONS at 404-581-0999.

by Mary Agramonte

Entering an Automobile: Theft and More

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Entering an Automobile in Georgia

Entering an automobile is a theft crime under Georgia law. It is defined as the entering of any automobile or other motor vehicle with the intent to commit a theft or felony.

Usually, people under indictment for this offense are accused of breaking into cars to steal property. The State does not have to prove they actually stole anything, just that they had the intent to steal property when entering into the car.

But it was my own car?

Interestingly enough, a person can be charged with entering into their own vehicle to commit a theft or felony. The State does not have to establish lack of authority to enter a car because the statute makes no distinction between authorized and unauthorized entry.

This means you, as a defendant, could be accused of Entering an Automobile if the State alleges you entered your own car with the intent to, say, steal the laptop your friend left in your car. Once again, the State would not have to prove you actually stole the laptop, only that you intended to commit steal it.

Remember the law defines Entering an Automobile as entering a car with the intent to commit a theft or felony. This would contemplate a scenario in which someone entering a car (either their own or someone else’s) to commit rape, murder, aggravated assault, etc.

What’s My Defense?

The law defines Entering by Automobile as a felony or a misdemeanor at the judge’s discretion. This is important because it means your attorney, in the context of a negotiated plea, can (and should) ask the judge for misdemeanor sentencing, thus allowing you to avoid felony conviction (or wasting your first offender on what could’ve been a misdemeanor).

If you or someone you know has been charged with entering an automobile contact our office today for a free consultation.

by Sarah Armstrong

Theft by Deception

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What is Theft by Deception?

In Georgia, a person commits Theft by Deception when the obtain property by any deceitful means or artful practice with the intention of depriving the owner of said property. At trial, the state must prove beyond a reasonable doubt that the accused intended to deceive. According to the statute intentional deception is demonstrated when the accused:

  1. Creates or confirms false impressions, which he knows or believes to be false; or,
  2. Fails to correct false impression previously created or confirmed
  3. Prevents another from acquiring information pertinent to disposition of property; or,
  4. Sells, transfers, or encumbers property intentionally failing to disclose a legal impediment that is or is not a matter of official record, or,
  5. Promises performance of services, which he does not perform and/or knows will not be performed.

In plain language, a person commits theft by deception when they get property (or money) from someone by deceiving them. Here’s a scenario to illustrate:

An Example

You’re in the market for a grandfather clock for your living room. You see one for sale on craigslist and reach out to the seller. You and the seller strike a deal for the clock. You send him the money via PayPal and go to the seller’s antique store to pick up the clock. When you arrive, you’re informed that the clock is not for sale. In fact, the clock does not even belong to the seller. Here, the seller acquired money from you by deceiving you into believing the clock was his to sell.

An Alternative Example

On the flip side, let’s say you’re the seller in this scenario. You, the seller, and your brother sell antiques out of the store. You’re brother purchased the grandfather clock and put it in the store. So, you assumed your brother wanted to sell the clock pursuant to your antique business. Turns out you sold a clock he did not want to sell. Your defense in this scenario is that you, the accused seller, did not intend to deceive the clock’s buyer because you genuinely thought the clock was for sale by your antique-selling partner.

 The moral of the story here is to always make sure that if you sell something that was procured by someone else, make sure that person actually want to sell it before you sell it to a customer. Otherwise, you might face charges for theft by deception.

If you or someone you know has been charged with theft by deception or any other theft charge contact our office today for a free consultation.

by Sarah Armstrong