In the area of criminal law, the term theft is often defined as the illegal taking of another person’s property without that person’s consent. The most common charges surrounding theft include: 1) burglary; 2) shoplifting; 3) robbery; 4) armed robbery; 5) embezzlement; 6) theft by receiving stolen property; 7) and theft of services.
The attorneys at Miller & Hightower are experienced in representing clients facing theft related charges. Further, the attorneys at Miller & Hightower also understand that those who commit theft related crimes are not always bad people. Please contact us to schedule an appointment.
During the economical times that our country is presently in, our firm has noticed a steady increase in the number of our clients who are facing theft related charges. Theft related crimes are often crimes that are committed out of a since of necessity. For example, a father or mother (who would have never thought of shoplifting in the past) may try shoplifting in the grocery store because they do not have enough money to purchase all of the provisions that their family might need.
Note, in the area of shoplifting, if the property stolen is valued at $300.00 or less the person convicted will be convicted of a misdemeanor. However, if the property stolen is valued at over $300.00 the person convicted may be convicted of a felony.
The other theft charge that our firm has observed a recent influx in is the charge of “theft by receiving stolen property.” This charge bring to mind the old saying, “if it is too good go be true it probably is.” According to O.C.G.A. § 16-8-7: “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…” Most clients get into trouble when it comes to the “should know” language.
Here is an example of “should know” – A man approaches you in a parking lot trying to sale a motorcycle off the back of his truck. You are not interested at first, but the man says that he is in a bind and has to make the sale today. Your interest is perked and you ask the man what he would take. The man says if you will buy it right now he will sell it for $500.00. However, the motorcycle looks like a brand new Harley and you know new Harleys are usually worth $10,000.00 or more. Also, upon further inspection of the motorcycle you notice that the VIN numbers have been altered. But, you tell yourself, “it’s a great deal and even if it is stolen, I did not steal it.” So after a few moments of thought you buy the motorcycle. According to these facts you may very well by guilty of “theft by receiving stolen property.” Your next question should be, “well, how could I possibly protect myself from this situation?” My answer is this, if you find yourself presented with a deal that sounds to good to be true investigate further. In the example above the buyer should have informed the seller that he would need to have the numbers on the motorcycle ran by law enforcement to verify it was not stolen before he could make the purchase.
To schedule an appointment with an experienced lawyer regarding a theft crime, please contact us. For more information on Criminal Defense click here: www.WestGeorgiaDefenseLawyers.com.
