Charged with Theft by Receiving After Buying Stolen Goods on Facebook Marketplace in Georgia
Under Georgia law, buying stolen property on apps like Facebook Marketplace or at pawn shops can lead to a felony charge. If a jury determines you knew or should have known the items were stolen, you could face severe penalties.
Online marketplaces have completely changed how people in Atlanta, Savannah, and Macon buy used items. Platforms like Facebook Marketplace, Craigslist, and OfferUp offer fantastic deals, but they also serve as hubs for criminals looking to quickly offload stolen goods. If you unknowingly purchase a stolen phone or vehicle, you might think you are simply out of luck and lose your money. However, local law enforcement may actually charge you with a crime. Defending yourself against these allegations requires understanding how Georgia law defines your knowledge of the item's origins.
Proving You 'Knew or Should Have Known'
In Georgia, the crime of Theft by Receiving Stolen Property is governed by O.C.G.A. § 16-8-7. The statute explicitly states that a person commits this crime if they receive, dispose of, or retain stolen property which they know or should know was stolen. You do not actually need to be the person who stole the item to face charges. Furthermore, as established in the precedent Hurston v. State, 202 Ga. App. 311 (GA Court of Appeals 1991), a jury can infer that you 'should have known' the item was stolen based on circumstantial evidence.
For instance, if someone sells you a brand-new, sealed $1,200 laptop for $150 out of the trunk of their car at a gas station at midnight, prosecutors will argue that any reasonable person would suspect the laptop was stolen. Conversely, if you pay a fair market value for a used bicycle from a seller with a highly rated online profile, it is much easier for your attorney to argue that you had zero reason to suspect foul play.
Purchasing Electronics and Phones Online
Electronics are the most common items involved in Theft by Receiving cases. Modern smartphones, tablets, and gaming consoles are easily tracked via GPS and serial numbers. If the Atlanta Police Department, Atlanta tracks a stolen iPhone to your house, claiming ignorance is not always an automatic defense. Officers will often question you about how much you paid and whether you received the original box or accessories. An experienced local lawyer can help you gather your chat logs, payment receipts, and the seller's profile information to prove your transaction was legitimate and that you were the victim of a scam.
Buying Cars with Swapped VINs
Purchasing a vehicle through an unofficial channel carries massive risks. Criminals frequently steal cars, swap the Vehicle Identification Number (VIN) plates with those from a salvaged vehicle, and sell them online. When you attempt to register the car at the Georgia Department of Revenue, Motor Vehicle Division, Atlanta, the clerk or an inspecting officer may flag the VIN as fraudulent. In these situations, the police may seize the car and investigate you for receiving stolen property. If you suspect a car might have a tampered VIN before buying, you can request an officer complete a Form T-22B, Georgia, Department of Revenue, Certification of Inspection to verify the vehicle's identity legitimately.
Returning the Property to Avoid Charges
What should you do if you buy something and later discover it is stolen? The law provides a potential defense if you immediately attempt to return the property. Under O.C.G.A. § 16-8-7(a), it is a defense if you received the property strictly with the intent to restore it to the lawful owner. If you discover you bought a stolen item, do not attempt to sell it to someone else (which constitutes another crime) and do not throw it away. You should immediately contact a defense attorney who can help you safely surrender the property to the Gwinnett County Police Department, Lawrenceville or your local precinct without incriminating yourself.
How Much Does it Cost in Georgia?
Facing a criminal charge involves various legal and administrative expenses. The penalty for Theft by Receiving depends heavily on the value of the property. If the property is valued at $1,500 or less, it is generally a misdemeanor. If it exceeds $1,500, it is a felony. Typical costs to resolve these cases include:
| Misdemeanor Attorney Retainer | $2,000 to $4,500 depending on the county |
| Felony Attorney Retainer | $4,000 to $10,000+ |
| Restitution to the Victim | Equal to the value of the stolen item |
| Court Fines and Surcharges | $500 to $2,000+ upon conviction |
How Long Does the Process Take?
Criminal cases in Georgia take time. If you are arrested and bonded out, your arraignment might not be scheduled for 2 to 6 months. Misdemeanor cases in State Court usually resolve within 6 to 12 months. However, felony cases processed through a Superior Court, such as the Fulton County Superior Court, Atlanta or the DeKalb County Superior Court, Decatur, can easily take 1 to 2 years to reach a final trial or plea agreement due to court backlogs and evidentiary hearings.
Frequently Asked Questions (FAQ)
Will I go to jail for buying a stolen phone?
If the phone's value is under $1,500, it is a misdemeanor, and while jail time is possible, many first-time offenders can negotiate probation or a diversion program. If the value is over $1,500, you face a felony with a potential sentence of 1 to 10 years in prison.
Do I get my money back if the police take the item?
Unfortunately, no. The police will return the item to its rightful owner. To get your money back, you would have to file a civil lawsuit against the person who scammed you, which is often difficult since they typically use fake profiles.
Can a pawn shop be charged with theft by receiving?
Yes. Pawn shop owners are subject to the same laws. However, pawnbrokers use state-regulated databases to record serial numbers and seller IDs to actively avoid taking in stolen property and to protect themselves from liability.
What if I bought it but never brought it into my house?
Physical possession inside a home is not required. The law simply requires that you received, disposed of, or retained the property. Having it in your car or holding it in your hands during a transaction is generally enough to trigger a charge.
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