In Georgia, it is a crime to receive and keep any items that a person knows or should know that the item was stolen. That type of charge comes up often in cases involving firearms. The law specifically outlaws theft by receiving a stolen firearm regardless of the value of the firearm, and treats the case more seriously than a regular theft case. The Georgia charges for stolen firearms may lead to stiffer penalties than the charge for theft by receiving stolen property. Theft by receiving is automatically charged as a felony if the property in question is a firearm. If you have been charged with theft by receiving stolen firearms in Georgia, hire an experienced criminal defense attorney immediately. That’s because this is a serious charge that can lead to up to many years in prison, but almost always has a defense.
Hire A Skilled Theft Defense Team
Therefore, this type of charge is fightable in most circumstances due to the protections Georgia has for firearm holders. It is essential to hire an attorney with vast experience in Theft by Receiving Stolen Firearms cases. Your choice of representation can mean the difference between a felony conviction and a dismissal.
Theft By Receiving Stolen Property Law in Marietta
Theft by receiving stolen property is committed when someone willingly takes possession of property that they know or should have known has been stolen. The property must have been stolen by somebody else, or the thief must be unknown for this charge to apply. You don’t have to keep the property to be charged with this crime. If you dispose of property that you know or should have known was stolen, you may still be charged with theft by receiving stolen property.
In general, the seriousness of a theft by receiving stolen property crime in Georgia depends on the value of the property stolen. That does not apply to firearms. Georgia law specifically makes it a felony when the item in question is a firearm. In this case, the person faces punishment of up to 1-10 years in prison.
Penalties for Theft By Receiving Stolen Firearms in Georgia
The penalty for theft by receiving stolen firearms in Georgia is a minimum of one to 10 years in prison. For a second conviction for Theft by Receiving Stolen Firearms, the punishment is increased to a mandatory 5 years and up to 10 years in prison. Additionally, by law the crime is always considered a felony.
Possible Defenses
There are numerous defenses against theft by receiving stolen firearms charges. This charge can be difficult for the prosecutor to prove. They must prove beyond a reasonable doubt that you either knew or should have known that the gun was stolen. The most common defenses against this charge include not knowing the gun was stolen, or simply that you never intended to possessed the item. Another defense includes intending to return the gun to its rightful owner soon after receiving it.
You Did Not Know The Gun Was Stolen
Perhaps the most common defense against this charge is simply not knowing that the gun was stolen. It can be very hard for the prosecutors to prove otherwise. The State has to prove both (1) that you were in possession of stolen property; and (2) that you either knew or should have known the property was stolen. Merely being in possession of recently stolen property is not enough.
Police have a database accessible to law enforcement wherein the serial number for stolen firearms are held. This database is only accessible by law enforcement. As such, essentially every firearm is traceable in some capacity by law enforcement. Thus, if there is a serial number on the firearm, it is nearly impossible for the State to prove theft by receiving a stolen firearm if you do not make any statements to police.
The public, however, does not have access to the stolen firearm database. Thus, the only way to know if a firearm is stolen when the serial number is intact is to run the firearm through the system. Law Enforcement is often unwilling to run firearms through the system for prospective gun buyers because Law Enforcement wants the guns off the street.
That leaves prospective gun buyers in a difficult position that Georgia law has changed to accommodate. The law as it sits right now essentially says that if a person cannot tell if a firearm is stolen by either looking at the firearm or due to the surrounding circumstances, they are not guilty of theft by receiving. Thus, any case where a person is charged with theft by receiving a stolen firearm when the serial number is intact has a legitimate defense.
We have fought and won these types of charges multiple times all over the State using this Defense. Simply purchasing a firearm for a very low price is not enough. The firearm being marked for police use only is not enough. Do not plea to this charge. Contact us for a free consultation.
You Didn’t Intend to Receive the Stolen Gun
Another common defense is that you did not intend to receive or possess the stolen gun. For example, someone may have handed you a sealed box for safekeeping. If this box contained a stolen firearm but you weren’t aware of its contents, you may have a strong defense. Or maybe you are in a vehicle and a firearm was found that came back stolen. If you did not know the firearm was there, or someone else left the gun in the car, an experienced Stolen Firearm lawyer can build your defense to win.
You Intended to Return the Gun
If you intend to return the gun, this may be used in your defense. This can be a very effective defense when there is proof that you intend to return the gun to its rightful owner. For example, if you notified the rightful owner of the firearm by text message of your intent to return their gun, you have a very strong defense.
Why Choose The Freedom Lawyers as Your Marietta Defense Attorney
When you’re facing theft charges involving stolen firearms, you need more than just any lawyer – you need a dedicated defense attorney who understands the unique challenges of these cases. At The Freedom Lawyers, we’ve built our reputation by fighting tirelessly for clients throughout Marietta and Cobb County who are facing serious theft charges.
Here’s what sets us apart as your defense attorney:
- Proven Track Record with Theft Charges: Our defense attorney team has successfully handled numerous theft by receiving stolen firearms cases, and we know exactly how to challenge the prosecution’s evidence and win dismissals.
- Deep Understanding of Georgia Firearm Laws: We have specialized knowledge of Georgia’s complex firearm statutes and the specific defenses available in theft charges cases involving weapons.
- Personal Attention and Family Treatment: We understand that being charged with theft charges can turn your world upside down, affecting your job, your family, and your future. That’s why we treat every client like family, walking you through each step of the legal process with patience and clear communication.
- Aggressive Defense Strategies: We’ve won cases by proving our clients didn’t know the firearms were stolen, challenging improper police procedures, and demonstrating lack of intent. As your defense attorney, we fight relentlessly for your freedom.
- 24/7 Availability: When you’re arrested for theft charges, time matters. We’re available around the clock to start building your defense immediately.
When you choose The Freedom Lawyers, you’re choosing a defense attorney who will fight aggressively for your freedom while providing the personal attention and support you deserve during this difficult time.
Get an Experienced Lawyer to Fight Theft By Receiving Stolen Firearms Charges
If you have been charged with theft by receiving stolen firearms, you should hire an attorney immediately. It’s important to hire a law firm that has handled such cases successfully in the past. When searching for theft attorneys, experience with Georgia’s specific firearm laws makes all the difference. The Freedom Lawyers in Atlanta, Georgia have successfully defended many clients in similar cases. They can help guide you through every step of the legal process so that you have the best chance to beat this charge. If you have been charged with theft by receiving a stolen firearm in Georgia, hire The Freedom Lawyers. Contact the Freedom Lawyers now for a free consultation on your Theft by Receiving Stolen Firearms case.
Frequently Asked Questions
What should I do immediately if I’m arrested for theft by receiving stolen firearms?
A: The first thing you should do is exercise your right to remain silent and request a defense attorney immediately. Don’t answer any questions about the firearm or how you obtained it until you have legal representation. Contact The Freedom Lawyers as soon as possible – we’re available 24/7 to start building your defense. Time is critical in these theft charges cases, and what to do when arrested for stolen firearm charges can make or break your case.
How much jail time am I facing for theft by receiving stolen firearms?
A: In Georgia, theft by receiving stolen firearms carries a mandatory minimum sentence of 1-10 years in prison for first-time offenders. Second convictions face 5-10 years mandatory. However, with an experienced defense attorney, many cases can be dismissed or reduced. The actual penalties for theft by receiving stolen firearms in Georgia depend on various factors including the strength of the prosecution’s case and the defenses available.
How can I tell if a firearm is stolen before I buy it?
A: The short answer is, you can’t unless the serial number is scratched off. If the number is on the gun, the only way to verify is contact law enforcement and have them run the serial number. That could result in them filing charges against you, or confiscating the firearm. This is one of the strongest defenses in these cases. The public doesn’t have access to law enforcement’s stolen firearm database, making it nearly impossible to verify a gun’s status. If the serial number is intact and there are no obvious signs of theft, Georgia law protects buyers who couldn’t reasonably know the firearm was stolen. Understanding how to verify if a firearm is stolen before purchase is crucial for anyone buying guns privately.
Will these theft charges affect my job and future employment?
A: A felony conviction for theft by receiving stolen firearms can seriously impact your employment, housing, and other opportunities. However, with the right defense attorney, many cases can be dismissed or charges reduced to avoid a conviction. It’s important to understand how theft by receiving stolen firearms affects employment in Georgia and take immediate action to protect your future.
How long does a theft by receiving stolen firearms case typically take?
A: Most cases take several months to resolve, depending on the complexity of the evidence and whether the case goes to trial or reaches a plea agreement. Having an experienced defense attorney can often speed up the process by identifying weaknesses in the prosecution’s case early. Understanding the timeline for resolving stolen firearm charges in Georgia helps you prepare for what lies ahead and make informed decisions about your defense strategy.
