Are you or someone you care about facing theft charges in Georgia? It’s important to understand the types of theft crimes recognized by the state and the potential legal consequences. Theft crimes vary in severity, and each category has specific elements that must be proven by prosecutors in court. Knowledge of these distinctions is vital for preparing your defense and protecting your rights.
Understanding Theft Crimes in Georgia
Theft crimes in Georgia range from minor offenses like shoplifting to more serious charges like armed robbery. The state defines theft as intentionally taking, using, or depriving someone else of their property without their consent. Penalties for theft depend on the value of the property stolen, the method used, and whether the accused has prior convictions.
Below, we’ll take a closer look at the primary categories of theft crimes in Georgia and what they mean in a legal context.
1. Theft by Taking
This is one of the most common theft charges in Georgia. Theft by taking occurs when a person unlawfully seizes someone else’s property with the intent to deprive the owner of its possession. This can include physical theft, such as stealing an item from a store or taking money from someone’s wallet.
Penalties:
- Misdemeanor theft (property valued at $1,500 or less): Up to 12 months in jail and/or a fine.
- Felony theft (property valued over $1,500): One to ten years in prison, depending on the value of the property and other circumstances.
2. Theft by Deception
Theft by deception involves obtaining someone’s property through fraudulent means. This may occur by lying, making false promises, or intentionally misleading another individual for personal gain. For example, if you knowingly sell a faulty product and claim it’s in perfect condition, this could be considered theft by deception.
Penalties:
Penalties depend on the property’s value, with thresholds for misdemeanors and felonies mirroring those of theft by taking.
3. Theft by Conversion
When someone lawfully comes into possession of another person’s property (e.g., renting equipment or borrowing funds) but later uses it for their own gain without permission, it can be considered theft by conversion. A real-world example might include renting a car and failing to return it, instead choosing to keep or sell it.
Penalties:
These penalties follow the same value-based guidelines as theft by taking.
4. Theft by Receiving Stolen Property
You don’t have to be the one who physically committed the act of theft to face theft charges. Georgia law punishes individuals who knowingly purchase, receive, or possess stolen property. Prosecutors must prove that the accused person knew, or reasonably should have known, that the property was stolen.
Penalties:
Similar to other theft crimes, these penalties depend on the property’s value and whether it qualifies as a misdemeanor or felony.
5. Shoplifting
Shoplifting refers to unlawfully taking or concealing merchandise from a retail establishment with the intent to avoid paying for it. Georgia law also includes altering price tags, transferring items to different containers (e.g., hiding goods in a shopping bag), and otherwise trying to deceive retailers under the umbrella of shoplifting.
Penalties:
- Misdemeanor (items valued at $500 or less): Up to $1,000 in fines or one year of jail time.
- Felony (items valued over $500 or repeated offenses): One to ten years in prison.
6. Burglary
Burglary involves unlawfully entering a building or dwelling with the intent to commit a theft or felony inside. Georgia classifies burglary into two degrees:
- First-degree burglary targets residences.
- Second-degree burglary applies to non-residential buildings.
Penalties:
- First-degree burglary carries a sentence of one to 20 years in prison.
- Second-degree burglary carries a sentence of one to five years in prison.
7. Armed Robbery
Armed robbery is considered one of the most serious theft-related offenses in Georgia. This crime occurs when someone uses a weapon (or something that appears to be a weapon) to take property directly from another person by force or intimidation.
Penalties:
- Armed robbery is a felony punishable by ten to 20 years in prison, life imprisonment, or even the death penalty in extreme cases.
8. Motor Vehicle Theft
Motor vehicle theft involves unlawfully taking or attempting to take a motor vehicle, such as a car, truck, or motorcycle. This charge also includes “joyriding,” where an individual temporarily takes a vehicle without the intent to keep it.
Penalties:
- Misdemeanor or felony charges depending on the vehicle’s value and the circumstances of the crime.
9. Identity Theft
Identity theft involves unlawfully obtaining and using someone else’s personal information, such as their Social Security number, to commit fraud or take their financial assets.
Penalties:
Identity theft is classified as a felony, with prison sentences ranging from one to ten years and hefty fines.
Atlanta Criminal Defense Lawyer for Theft Crimes
Being charged with theft in Georgia is a serious matter that can lead to life-long consequences, including a permanent criminal record that affects your job, housing opportunities, and reputation.
At Weintraub and Alper Legal, our experienced Georgia criminal defense attorneys can challenge accusations and build strong defenses in theft cases. Whether you’re facing shoplifting accusations or armed robbery charges, we will tenaciously fight to protect your rights and minimize the impact on your life. If you’ve been charged with a theft crime or are under investigation, don’t wait. Time matters when building an effective defense.
Contact us today at (404) 907-1536 to schedule a consultation and build a strong defense.
