Marietta Receiving Stolen Property Lawyer
All cases of theft offenses are highly complex. However, theft by receiving stolen property is one of the most complicated crimes. If you or someone you love has been charged, it is critical that you speak to a Marietta receiving stolen property lawyer as soon as possible. If you wait too long to seek legal advice, you could forfeit your rights and hurt your case before it has even really started.
The Law on Theft by Receiving Stolen Property
There are two state laws that pertain to theft by receiving stolen property in Georgia. The first states that it is a crime to receive, dispose of, or retain stolen property when a person knows or should have known the property was stolen. The only exception to this is when the property is retained, received, or disposed of with the intention of restoring it to the original owner.
The other law pertaining to this offense is theft by receiving property that was stolen in another state. This law states that it is against the law to receive stolen property that was brought into Georgia from another state. The same exception applies that allows a person to receive, retain, or dispose of the property with the intention of restoring it to the original owner.
Penalty for Theft by Receiving Stolen Property
To secure a conviction for theft by receiving stolen property, the prosecution must show that a transaction occurred and that you knew the property was stolen. One of the hardest elements for the prosecution to prove is that you knew the goods were stolen. Still, they can do this through direct witness testimony and circumstantial evidence, such as your own behavior and conduct, the character of the person from whom the property was received, and the time of day it was received. When circumstantial evidence is used, it must be strong enough to eliminate any other possibility than guilt.
Penalty for Theft by Receiving Stolen Property
The charge of theft by receiving stolen property can be classified as either a misdemeanor or felony, depending on the value of the stolen goods. If the property is valued at less than $500, the charge is a misdemeanor. If the property is valued at more than $500, the charge becomes a felony.
If you are charged with a misdemeanor theft crime, you will face up to 12 months in jail and a maximum fine of $1,000. If you are convicted of felony theft, you will face at least one year in jail but no more than then. Judges have the discretion to determine whether a felony charge should be reduced to a misdemeanor.
Let Our Theft by Receiving Stolen Property Lawyer in Marietta Help with Your Case
At the law firm of Andrew L. Schwartz, P.C., our Marietta theft by receiving stolen property lawyer can prepare the defense you need to protect your rights and your freedom. Call us now at (678) 853-2500 or fill out our online form to schedule a free consultation.
