Atlanta Theft Offense Lawyer

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We Defend the Full Range of Theft Offenses in Atlanta

When it comes to theft offenses in the state of Georgia, it is important to realize just how seriously law enforcement officials and prosecutors treat such allegations. Whether your theft accusation is dealt with as a misdemeanor or a felony, you can be sure that those on the other side of the law will seek to enforce the highest penalties of jail time and costly fines.

This is why it is so necessary to get in touch with your Atlanta theft offense attorney before it is too late.

At The Law Office of Ahmad R. Crews, LLC, our Atlanta receiving stolen property defense lawyer is a skilled, knowledgeable, and experienced advocate for justice. You need to know of your rights, and how you can avoid the disastrous impacts which will occur both in the short-term and the long-term if you were to be convicted. Arrested on a stolen property offense? Contact us at our Atlanta law office for a fully confidential consultation with a Georgia criminal defense lawyer.

Can I be charged if I did not actually know the property was stolen?

You could face a criminal charge in this situation. However, under Georgia law, you generally cannot be convicted unless the prosecution proves you knew or had reason to believe the item was stolen. With that being said, there is a key limitation to this type of defense. Ignorance is not necessarily “bliss.” So-called “willful ignorance”—defined broadly as the deliberate avoidance of the truth—can satisfy the knowledge requirement under Georgia law. For example, purchasing expensive items at suspiciously low prices with no receipt or seller information could raise red flags. That may be enough to get convicted of the crime of receiving stolen property.

What does it actually mean to be charged with receiving stolen property in Georgia?

Under Georgia law, a person can be charged with receiving stolen property if they knowingly receive, dispose of, or retain property that has been stolen (O.C.G.A. § 16-8-7). The key element is knowledge. A prosecutor must prove that the defendant knew or should have known the property was stolen. However, the charge does not require that the accused be involved in the actual theft. Merely possessing the stolen item with awareness of its status is enough for criminal liability.

Why Should I Hire an Attorney in Georgia for a Theft Offense?

Sometimes clients mistakenly believe that if they simply offer a sincere apology for what was an accident or even a temporary lapse of judgment, that the alleged victim will be satisfied. This is almost never the case, however, since businesses, companies, and stores want to teach a lesson not only to the defendant, but to other people potentially considering committing theft. You will need a lawyer who is familiar with defending all kinds of theft offenses.

Our Atlanta theft crimes defense attorney is highly experienced with handling theft offenses such as:

• Possessing stolen property or finances
• Committing an act of robbery
• Committing the offense of burglary
• Carjacking a vehicle, boat, bicycle, truck or other vehicle
• Employee theft
• Grand theft
• Embezzlement
• Shoplifting
• Grand theft auto

How Much Stolen Money is Considered a Felony in Georgia?

If the theft involves property worth more than $500, the crime will more than likely be deemed a felony. The judge can use discretion when determining whether to regard the offense as a misdemeanor or a felony. If you receive a felony charge, then theft brings a penalty of a prison sentence of no less than one year and no more than ten years. There are particular circumstances in which theft is punished as a felony in Georgia. These include:

• Theft of a motor vehicle or a part of a motor vehicle worth more than $1,000. Here, you could be punished by one to 10 years in prison.
• Theft involving a gravesite or cemetery decoration. This carries a punishment of one to three years in prison.

On top of the prison sentence and fines, there are other consequences of committing theft. The person you stole from could bring a civil action against you for damages. They could sue you and recover monetary damages. If you are charged with a felony stolen property offense in Georgia, it is imperative that you have a strong, experienced advocate on your side. An Atlanta, GA felony theft defense attorney can help you determine the best path forward.

Is Stealing and Robbing The Same Thing?

Stealing and robbing are easily confused as the same but there are differences between the two. Robbery differs from theft primarily in that it involves force or intimidation to take property from another person. It is the use of force that makes robbery, in most cases, the more serious crime. “Theft” called “larceny” in some places—is a broad term that can cover a wide variety of criminal offenses. For example, shoplifting and stealing a motorcycle are both forms of theft. The victim does not have to present for theft to occur while the victim does have to be at the location for robbery to occur. Theft can also take into the form of stealing other’s services.

In contrast, Georgia defines robbery specifically under O.C.G.A. § 16-8-40. It is treated as a felony offense. Fuhrer, aggravated forms of robbery—most notably, armed robbery—carry even harsher penalties under state law. Understanding the distinction is important because it can significantly impact the charges, potential penalties, and available defenses in a criminal case.

What Counts as Fraud in the State of Georgia

Fraud is a unique kind of theft that can have serious penalties. Fraud is defined as the act of getting property, money, or other benefits that do not rightfully belong to you through means of intentional, willful deception. Usually, the ultimate goal is to obtain financial gain, though the perpetrator can have other reasons for committing fraud as well. There is actually a wide variety of offenses which are considered to be fraudulent behavior. Since each fraud account violates a distinct federal law, there are different penalties, fines, and class levels as well.

Some of the most common examples of fraud include:

• Securities fraud
• Interstate fraud
• Mail fraud
• Credit card fraud
• Bankruptcy fraud
• Business fraud
• Bank fraud
• Tax fraud
• Wire fraud
• Financial fraud
• Mortgage fraud
• Insurance fraud

Implications of Receiving Stolen Property in Atlanta

In Atlanta, facing charges for receiving stolen property can lead to serious legal repercussions, potentially escalating to felony theft charges based on the property’s value.

This theft offense is rigorously prosecuted, highlighting the importance of consulting with an experienced Atlanta theft attorney. The consequences extend beyond immediate penalties, such as jail time, to long-lasting impacts on one’s criminal record.

An Atlanta criminal defense lawyer specializing in theft cases, FTA charge, criminal conviction & Georgia law, can provide essential guidance, leveraging their expertise to navigate Georgia’s theft laws and the Atlanta area’s legal landscape, including Cobb County and surrounding counties.

What are the possible penalties I could face for receiving stolen property in Georgia?

It depends on the allegations raised by the prosecution. If the value exceeds $1,500, the offense may be a felony. In Georgia, a felony theft offense can carry a sentence of one to 10 years in prison. If the value is under $1,500, the charge will most often be treated as a misdemeanor. However, misdemeanor receiving stolen property is punishable by up to 12 months in jail and a major fine.

Will a conviction for receiving stolen property stay on my record in Georgia?

Our state only has very limited options for expunging a conviction. With that in mind,  a conviction for receiving stolen property will result in a permanent criminal record in Georgia. That is a big deal: It can impact employment, housing, and other opportunities. Still, expungement and/or the sealing of certain criminal records may sometimes be possible. An experienced Atlanta criminal defense lawyer can help you explore every available option.

Atlanta’s Approach to Theft by Deception or Fraud

Theft by deception or fraud in Atlanta is treated with stringent legal measures, classified under serious theft crime charges. These offenses involve manipulating the property owner through false representations.

Given the challenge of establishing the deceptive intent behind such theft crimes, the role of an experienced criminal defense attorney becomes critical. They meticulously examine all evidence, from direct to circumstantial, and assess witness credibility to undermine the prosecution’s case.

Their defense strategy aims to instill reasonable doubt about the accused’s guilt, potentially mitigating the harsh penalties imposed by Atlanta courts for theft offenses.

An Overview of Defenses to Receiving Stolen Property in Atlanta, Georgia

Lack of Knowledge

A central element of a receiving stolen property charge in Georgia is that the defendant knew—or should have known—the item was stolen. If the accused genuinely had no idea that the property was obtained illegally, that lack of knowledge can serve as a defense. As an example, receiving a gift or buying something in good faith from a legitimate marketplace may support this defense.

Mistake of Fact or Lawful Possession

A defendant may argue that they believed they had a legal right to possess the property, or that the item was never actually stolen. Notably, the defense applies when there is a reasonable and good-faith mistake about the item’s origin. If the accused had permission from the rightful owner or believed the transfer was legitimate, that mistake may excuse criminal liability. Evidence such as receipts, communication records, or witness testimony can support this argument.

Illegal Search/Illegal Seizure

If law enforcement violated the defendant’s Fourth Amendment rights by conducting an unlawful search or seizure, any evidence recovered may be inadmissible in court. For instance, if the police searched a home or vehicle without a valid warrant or probable cause, a motion to suppress may result in dismissal of charges. Without the physical evidence, the prosecution’s case may fall apart. Constitutional violations can be powerful tools in defending against these charges.

Plea Agreement

In some cases, especially where evidence is strong or the defendant has a prior record, a strategic plea agreement may be the most favorable option. An Atlanta criminal defense attorney can work to negotiate a plea to a lesser charge or reduced sentence in exchange for a guilty plea. A plea deal might help you avoid jail time.

Why Rely on Our Atlanta Theft Crimes Lawyer

Receiving stolen property is a serious criminal charge in Georgia. Other theft crimes can carry serious criminal penalties as well. Depending on the amount that was allegedly taken, a defendant may be charged with a felony. At The Law Office of Ahmad R. Crews, LLC, we provide proactive, personalized advocacy. When you reach out to us at our Atlanta law office, you will have an opportunity to consult with a Georgia criminal defense lawyer who is prepared to:

• Hear your story and answer questions about your case;
• Investigate the charges—helping you gather all the evidence to raise your defense;
• Represent you before law enforcement officers and prosecutors; and
• Develop a comprehensive defense strategy focused on securing the best outcome.

We Also Focus on the Following Areas:

• Murder Defense
• Failure To Appear / Bench Warrant
• Bond Hearings
• Aggravated Assault
• Armed Robbery
• Domestic Violence
• Gun Crimes
• Drug Possession / Drug Trafficking Offenses

Contact Our Atlanta Receiving Stolen Property Defense Lawyer Today

At The Law Office of Ahmad R. Crews, LLC, our Atlanta receiving stolen property defense attorney is standing by, ready to protect your rights, freedom, and future.  If you end up being convicted of an offense of theft in the state of Georgia, you can be sure that the punishments will be some of the most stringent in the country. Depending on the violation, you could have more extended jail or prison times, and higher fees to pay. This does not even count the horrible after-effects, ranging from permanent damage to your reputation to an inability of obtaining a house or a job.

To avoid the costly punishments, get in contact with your Atlanta theft offense lawyer as soon as possible. With an office in Atlanta, we defend theft-related charges throughout Northern Georgia.

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