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