Atlanta, Ga. - An owner of a car repair shop in Atlanta is facing several different charges after police recovered stolen engines and vehicles on the property.
According to officers, a North Carolina resident called police after he saw his missing vehicle listed for sale on Facebook posted by the repair shop. This initiated the investigation. As it is unclear whether or not the shop was involved in the taking of the vehicles or the parts, as a Georgia Criminal Defense Lawyer, I will focus on the offense 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.
Call our offices now if you have been accused of a crime in the state of Georgia. We can help you with your case now.