Deputies in Clayton County recently discovered over 100 sets of car keys during an arrest of a suspected carjacker. They were expecting to recover a single vehicle, but found much more after a search of Daniel Akpobiyeri's apartment. He is facing a slew of different charges in both Clayton and Fulton County.
As a Georgia Criminal Defense Lawyer, I will focus today's post on the criminal offense that Akpobiyeri has been currently accused of: theft by receiving.
Theft by Receiving in Georgia
The Georgia Code defines theft by receiving in Georgia as:
A person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. O.C.G.A. §16-8-7.
According to Georgia Law, the term “receiving” can take on the following meanings:
- Acquiring possession
- Being in control of
- Or lending on the security of the property.
There are four different elements of theft by receiving stolen property in Georgia. First, the accused person must have bought or received the goods. Second, the goods have to be stolen by some person other than the accused individual. Third, at the time of purchase or receiving, the accused person knew that the property was stolen. And fourth, the accused person acted with criminal intent.
In order to be convicted, the prosecution will have to prove that the accused person is guilty of all four elements beyond a reasonable doubt.
As with most all theft crimes (i.e. theft by taking in Georgia), the classification (and therefore the penalty) of the crime depends on the value amount of the goods.
When the theft involves property valued at $500 or less, then the crime will be deemed a misdemeanor in Georgia. The penalty includes up to 12 months in jail and a fine up to $1,000.
When the theft involves property valued at more than $500, the the crime will be deemed a felony in Georgia. The penalty can include up to ten years in prison.
If you or a loved one has been arrested for committing a crime in Georgia, contact our offices today. We specialize in using Georgia Criminal Defenses and determining the best course of action for each individual case.
Your best defense starts today with a Georgia Criminal Defense Attorney. Call now.