The modern secondary market through apps and social media has made it easier than ever to find a bargain. However, a “great deal” on a used vehicle or high-end electronics can quickly transform into a criminal investigation.
Under Georgia law, the offense of theft by receiving stolen property does not require you to be the one who committed the original theft. If you possess or retain property that you know or should have known was stolen, you may face significant legal jeopardy.
The should have known standard
The state does not have to prove you were certain the goods were stolen. Prosecutors only need to show that a reasonable person would have been suspicious. They look at the facts surrounding the sale to prove this point.
For example, a price that is 50% lower than the market value is a major red flag. Other warning signs include filed-off serial numbers or a seller who cannot provide a title or proof of purchase.
How value changes the charge
The value of the property determines the severity of the penalty. For most theft by receiving cases, the threshold for a felony is $1,500.01. If the item is worth $1,500 or less, the state usually treats the case as a misdemeanor.
This can result in up to 12 months in jail. However, a fourth conviction for any theft offense is punished as a felony regardless of the item’s price. The prison time for a felony depends on the specific value of the property:
- $1,500.01 to $5,000: One to five years in prison
- $5,000.01 to $25,000: One to 10 years in prison
- Over $25,000: Two to 20 years in prison
- Firearms: Theft by receiving a firearm is a felony regardless of value and carries one to 10 years in prison
For felonies punishable by a maximum of 10 years or less, a judge has the power to impose a misdemeanor sentence instead.
Issues with vehicle titles
Buying a car or an ATV without a title is a significant risk in Georgia. Sellers often claim they lost the paperwork to close a quick sale. While a missing title is not a legal guarantee of theft, it is a common factor that prosecutors use to argue you should have been suspicious.
Georgia does have a legal process for replacing lost titles, so a seller who refuses to provide one may be hiding the item’s true origin. If you buy a vehicle that lacks proper documentation, you could lose your money and the vehicle.
Protecting your future
If you realize you bought a stolen item, you must act carefully. Trying to sell the item to someone else can lead to more criminal charges.
Speaking with a legal professional can help you understand the safest way to handle the situation. An attorney can review the facts of your case to help you move forward. Professional guidance is essential when you face a criminal investigation.