Grand Theft Attorney in Atlanta

Theft by Taking Defense Grounded in Prosecution-Side Experience

In Georgia, what many people call “grand theft” is charged under a different name: theft by taking, defined by O.C.G.A. 16-8-2. The distinction matters because Georgia’s statute shapes every element the prosecution must prove and every defense your attorney can raise. At Weintraub and Alper Legal, lead attorney Howard Weintraub brings more than 35 years of criminal defense experience to these cases, alongside a background that includes seven years as an Assistant United States Attorney in the Northern District of Georgia and three years with the U.S. Department of Justice’s Criminal Division. He has handled theft by taking matters from both sides of the courtroom, including theft by deception, theft by conversion, receiving stolen property, and aggravated identity theft cases.

Howard Weintraub founded his own criminal defense firm in 1985. Today, Weintraub and Alper Legal carries more than 55 years of combined legal experience, representing clients charged with crimes throughout Atlanta and across Georgia.

How Georgia Defines Theft by Taking

Under O.C.G.A. 16-8-2, a person commits theft by taking when they unlawfully take property belonging to someone else, or when they’re in lawful possession of property and unlawfully appropriate it, with the intent to deprive the owner of it. The statute covers virtually every manner of taking, which is why it functions as Georgia’s equivalent of what other states call grand theft or larceny.

The misdemeanor and felony line falls at $1,500. Stolen property valued at $1,500 or less is a misdemeanor, punishable by up to 12 months in jail and a fine up to $1,000. Once the value exceeds $1,500, the charge becomes a felony with sentencing tiers tied directly to the property’s worth:

• $1,500.01 to $5,000: One to five years in prison
• $5,000.01 to $25,000: One to ten years in prison
• Over $25,000: Two to twenty years in prison

Prosecutors bear the burden of proving the felony value threshold beyond a reasonable doubt. That means property valuation, established through receipts, comparable retail prices, or expert appraisal, is often a contested issue in these cases and a meaningful point of defense.

When Value Doesn’t Determine Felony Status

Certain categories of property trigger felony treatment regardless of dollar value. Stealing a firearm carries one to ten years in prison; a second or subsequent firearm theft raises that range to five to ten years. Theft involving explosives or destructive devices also carries automatic felony exposure, without regard to the property’s value. If you’re facing a charge in one of these categories, the prosecution doesn’t need to prove a value threshold at all.

How a Theft by Taking Case Is Tried in Atlanta

Felony theft by taking cases in Atlanta are heard in Fulton County Superior Court. To secure a conviction, the prosecution must prove three elements: the property belonged to another person, it was taken or appropriated unlawfully, and the accused intended to deprive the owner of it. Georgia courts have held that recent, unexplained possession of stolen property can constitute circumstantial evidence sufficient to support a charge, which means the absence of a witness to the actual taking doesn’t prevent prosecution.

One point that surprises many people: returning stolen property after the fact, or claiming an intent to return it, isn’t a legal defense under Georgia law. It may be raised as a mitigating factor at sentencing, but it doesn’t defeat the charge itself. Knowing which defenses are viable, and which aren’t, is exactly where having a former federal prosecutor in your corner can change the picture.

Howard Weintraub’s Theft-Family Defense Record

Not every criminal defense attorney has prosecuted theft cases before defending them. Howard Weintraub has. His experience in theft-family matters spans theft by taking, theft by deception, theft by conversion, receiving stolen property, shoplifting, robbery, and aggravated identity theft. He has represented more than 2,500 clients over the course of his defense career and participated in more than 100 felony jury trials.

Both Howard J. Weintraub and Benjamin B. Alper hold a 10.0 Superb rating from Avvo. Howard Weintraub has also received commendations from the FBI, IRS, and U.S. Attorney General, a reflection of the credibility he built on the prosecution side before dedicating his practice to defense work.

Serving Atlanta & the Surrounding Communities

We represent clients facing theft by taking and related charges in Atlanta and throughout the surrounding area, including Alpharetta, East Point, Roswell, Sandy Springs, and College Park. Wherever your case is venued, our team is prepared to appear and advocate for you.

Start Your Defense Before Evidence Disappears

Surveillance footage gets overwritten. Witness memories fade. Pretrial deadlines in felony cases arrive sooner than most people expect. The earlier we can review what the prosecution has, the more options we can work with on your behalf.