Theft offenses are some of the most common crimes in Georgia. However, it’s important to understand that theft offenses are not just limited to shoplifting or burglary – you can also face charges if you are found in possession of stolen property. If this reflects your current circumstances, understanding the different elements of this crime, the penalties you can face, and the importance of working with a Cobb County defense lawyer is in your best interest during these complicated matters.
What Constitutes Possession of Stolen Property Under Georgia Law?
Under Georgia law, any time you purchase or receive property that you know or should know to be stolen, you can face penalties. This is true even if you did not steal the property yourself.
For example, if you buy a pair of expensive headphones, still in the original packaging, for a significantly discounted price from a seller in a parking lot, the prosecutor can argue that you should have known the items were stolen.
What Penalties Can I Face if I’m Convicted?
The penalties for possession of stolen property in Georgia are based on the value of the stolen item that you are found in possession of. This threshold is typically $1,500. As such, if the item is valued less than this amount, you’ll find that this will generally result in a misdemeanor charge. While first-time offenders may be sentenced to probation, the typical sentence for this offense is up to one year in jail and a potential $1,000 fine.
If the value of the stolen goods exceeds $1,500, it will typically result in a felony charge. However, the penalty you will face is still dependent on the value of the item. As such, you can expect the following:
- Items valued between $1,500 and $5,000: Between one and five years in prison
- Items valued between $5,000 and $25,000: Between one and ten years in prison
- Items valued over $25,000: Between two and twenty years in prison
You should note, however, that there may be aggravating factors present in your case that impact the sentence. If you are a repeat offender or are part of a crime group, the judge may assign harsher penalties.
What Should I Do if I’ve Been Arrested?
If you’ve been arrested for possession of stolen property, your first instinct may be to defend yourself against these charges. However, anything you say to the police can and will be held against you. As such, it is in your best interest to remain silent, as this is your Fifth Amendment right. In addition, you should ask for an attorney.
Possession of stolen property is a crime that not many are familiar with, despite the harsh penalties this offense carries. Regardless, if you have been charged, it is imperative to connect with an experienced criminal defense attorney with Miller Law Practice, LLC. Our team understands the impact a criminal conviction can have on your life, which is why we will do everything in our power to help you fight these charges. Contact us today to learn how we can fight for you.