In Georgia, possessing property that was stolen is a serious crime. Many people don’t realize they can be charged with a crime, even if they weren’t the one who originally stole the item. These charges can be overwhelming, and a conviction can lead to significant jail time, hefty fines, and a criminal record that impacts your future. If you’re facing charges related to receiving or possessing stolen property, it is essential to understand your legal rights and the potential consequences under Georgia law. Continue reading and contact an experienced Atlanta theft lawyer for more information and legal advice today.
Is Possessing Stolen Property a Crime in GA?
In Georgia, yes, possessing stolen property is a serious criminal offense. This crime is outlined under state law, and a conviction has the potential for severe penalties. Simply having control or possession of an item that you know, or reasonably should know, was stolen can result in criminal charges. The legal system views this offense as contributing to the overall cycle of theft and crime, so you should take the situation seriously. The consequences of a conviction can extend beyond immediate fines or jail time, negatively impacting your professional and personal life for years to come.
What is Possession of Stolen Property?
The Official Code of Georgia Annotated § 16-8-7 outlines the offense of theft by receiving stolen property. This legislation states, “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 unless the property is received, disposed of, or retained with intent to restore it to the owner. ‘Receiving’ means acquiring possession or control or lending on the security of the property.”
This offense requires both knowledge and intent, not only the physical possession of the stolen item. Essentially, if you knew that the property was obtained illegally (or reasonably should have known), and you maintain possession of it, you can be charged with a crime. The only exception is if you can prove that you genuinely intended to return it to its rightful owner.
What Does Possession Really Mean?
Possession doesn’t always require the item to be physically on your person. The law recognizes two main types of possession: actual and constructive. Actual possession means having direct, physical control over the property, such as carrying the item in your hand or having it in your pocket. Constructive possession is less direct, referring to the ability and intention to control the property, even if it is not in your immediate physical custody. For example, if a stolen item is hidden in your locked garage or your apartment, you have the power to control it, and it is considered constructive possession.
Both actual and constructive possession can lead to charges for theft by receiving stolen property, given that you had knowledge that the item was obtained illegally.
The law can be complex, so it is important that you understand your legal rights and options. Reach out to a skilled attorney for more information today.
