Theft by Receiving Stolen Property in Georgia: Penalties and Restitution

The penalties for theft by receiving stolen property in Georgia depend on what the property was worth. Property valued at $1,500 or less is a misdemeanor carrying up to 12 months in jail. Once the value crosses $1,500, the charge becomes a felony, and the maximum climbs with the price tag: five years, ten years, or up to 20 years in prison for property worth $25,000 or more.¹ Stolen firearms are treated separately and are always a felony regardless of value.

Sentencing by Property Value

The value of the stolen property drives the sentence.¹

$1,500 or less: Misdemeanor. Up to 12 months in jail and a fine of up to $1,000.²
$1,500.01 to $4,999.99: Felony. One to five years in prison. The judge has discretion to sentence it as a misdemeanor.
$5,000 to $24,999.99: Felony. One to ten years in prison, with the same judicial discretion to treat it as a misdemeanor.
$25,000 or more: Felony. Two to 20 years in prison. No misdemeanor alternative at this level.

In the middle two tiers, the statute lets the trial judge sentence the case “as for a misdemeanor.” That flexibility is a real opening for first-time offenders, and probation instead of prison is a common outcome in the lower felony ranges. Repeat convictions narrow those options considerably.

Stolen Firearms Are a Felony Regardless of Value

The value tiers do not apply if the stolen property is a firearm. Receiving a stolen firearm is automatically a felony punishable by one to ten years in prison. A second or subsequent conviction raises the minimum to five years and keeps the maximum at ten.¹ A $200 stolen handgun carries a steeper potential sentence than $5,000 in stolen electronics. If you buy a used firearm from a private seller, confirming the gun is not stolen is the difference between a legal purchase and a felony.

What the State Has to Prove Before Any Penalty Applies

None of these penalties come into play unless prosecutors can prove the elements of the crime. Georgia’s statute makes it illegal to receive, keep, or dispose of stolen property when you know or should know it was stolen. The only carve-out is property received with the intent to return it to the owner.³

The “should know” standard matters. Prosecutors do not need to prove someone told you the item was hot. They only need to show the circumstances were suspicious enough that a reasonable person would have questioned the deal. Buying a new laptop for a fraction of retail from a stranger, acquiring goods from someone with a known theft history, or skipping any effort to verify ownership when the price is too good to be true can all support an inference of knowledge.

Possession is the other element. You do not need to be holding the item. Stolen goods stored in your home, car, garage, or business can count as constructive possession if the prosecution shows you had control over the space. That trips up people who assume they are safe because the property was not literally in their hands when police arrived.

Restitution Is Mandatory on Top of the Sentence

Georgia judges are required to order restitution as part of sentencing for theft offenses. The court determines what the victim lost and orders the defendant to pay that amount in full.⁴ If you are placed on probation, paying restitution is a mandatory condition of that probation. The money goes to the victim, not the state, and it is separate from any fine.

When the amount is disputed, the court holds a restitution hearing. The prosecution has the burden of proving the loss; the defendant has the burden of showing financial limitations. If more than one defendant was involved, the judge can hold each fully liable or split responsibility by role. Victims can waive restitution in writing, but that rarely happens.⁵

First Offender Treatment Can Avoid a Conviction Entirely

Georgia’s First Offender Act is the most valuable tool for someone with no prior felony record. If the judge grants first offender status, you plead guilty or are found guilty, but the court holds off on entering a formal conviction. You serve probation or confinement, and if you complete every term successfully, you are exonerated of guilt and discharged by operation of law. No conviction goes on your record.⁶

Theft by receiving is not on the list of excluded offenses, so it qualifies. Excluded crimes are serious violent felonies, sexual offenses, human trafficking, elder abuse, child exploitation, and DUI. You can only use first offender status once in your lifetime. If you violate probation or pick up a new conviction during the sentence, the court can revoke the deferral and enter a full conviction, with the original sentencing range back in play.

Long-Term Consequences of a Felony Conviction

For anyone who ends up with a felony conviction rather than first offender treatment or a misdemeanor, the sentence itself is only part of the picture.

Firearm Rights

A felony conviction for theft by receiving bars you from possessing any firearm in Georgia. Violating that prohibition is a separate felony carrying one to ten years, with a five-year minimum on a second offense.⁷ Federal law imposes its own lifetime ban on felons possessing firearms or ammunition, and federal restrictions stay in place even if Georgia restores rights at the state level.

Voting Rights

A felony conviction involving moral turpitude suspends your right to vote until you complete the entire sentence, including probation and parole. Once you finish, voting rights are automatically restored and you can re-register. First offender sentences do not affect voting eligibility.

Criminal Record Restriction

Georgia’s record restriction statute specifically excludes convictions from the theft chapter, with narrow exceptions for misdemeanor shoplifting and refund fraud.⁸ A theft by receiving conviction, even a misdemeanor one, cannot be restricted. The record remains visible to employers, landlords, and anyone running a background check. That is a big part of why first offender treatment matters so much: completing it avoids the conviction and the record consequences that come with it.

Time Limits on Filing Charges

Prosecutors do not have unlimited time to bring a case. Felony theft by receiving (property valued over $1,500) has to be charged within four years of the offense.⁹ That window extends to seven years if the victim was under 18 at the time. Misdemeanor charges must be brought within two years.