Theft Crimes

Defending Against Theft Crimes

Theft is the illegal taking of another person’s property without their freely given consent. While the consequences of a conviction will vary depending on the value of the property in question, whether a weapon was used, and whether or not you have a criminal history, having a theft crime on your record can severely hurt your chances of obtaining a job, housing, or loans.

Get help from experienced criminal defense lawyers by calling Crawford and Boyle, LLC, today. We offer free consultations to help you understand what to do next and protect your future.

Dial (678) 680-5000 now and schedule your free consultation. 

What Constitutes a Theft Crime in GA?

In Georgia, theft crimes encompass a variety of unlawful actions involving the taking or use of someone else’s property with the intent to deprive them of it permanently.

Here are the primary categories and definitions:

• Theft by Taking: This occurs when a person unlawfully takes or appropriates property belonging to someone else with the intention of depriving the owner of it. This is the most general form of theft.
• Theft by Deception: This involves obtaining property by deceitful means, such as false representation or impersonation, to convince the owner to part with their property. For example, selling a car to another person without disclosing that the vehicle has an outstanding loan against it.
• Theft by Conversion: This happens when someone who has lawful possession of someone else’s property converts it to their own use without permission, such as a bailee who uses property for personal gain. For example, not returning a rental car.
• Theft by Shoplifting: This specific form of theft involves taking merchandise from a retail establishment with the intent to appropriate it without paying. Actions constituting shoplifting include concealing items, altering price tags, transferring merchandise to different containers, or otherwise removing items from the store without payment. Skip scanning at a self-checkout is the most common.
• Theft of Services: This occurs when a person obtains services, entertainment, accommodations, or utilities without paying and with the intent to avoid payment. Eating at a restaurant and leaving without paying the bill.
• Theft by Receiving Stolen Property: This crime is committed when a person receives, disposes of, or retains stolen property knowing or having reasonable grounds to believe it was stolen. Buying a car for $500 when you know it’s worth $10,000.
• Theft by Extortion: This involves unlawfully obtaining property from someone else through the use of threats or coercion. Taking money in exchange for not releasing compromising photos of another.

The penalties for theft crimes in Georgia vary based on the value of the stolen property and the specifics of the offense:

• Misdemeanor Theft: Typically involves property valued at $1,500 or less, $500 for shoplifting. Penalties may include up to one year in jail, classes, community service, and fines.
• Felony Theft: Generally applies to property valued over $1,500. Felony penalties can include more than one year of imprisonment, substantial fines, and other legal consequences.

Repeat offenses, theft involving certain types of property (such as government or public utility property), and theft from vulnerable individuals can result in more severe penalties.

Types of Theft Crimes in Georgia

While it can be easy to generalize theft crimes as simply running off with another’s property, the truth is that those crimes can also happen unwittingly. You may have been charged with theft for something you either did not steal at all or were given as a gift. Making a clear case will provide you with the best chance at a favorable outcome.

Types of theft include:

Intent is an important element of proving any crime. Theft crimes in particular require the state to prove that you either intended to steal or, in certain cases, should have known that items in your possession were stolen. Obviously, this is not always the case, but you can be sure that the prosecutor will do everything in his or her power to make it seem that you had criminal intent.

Common Mistakes People Make When Charged with Theft Crimes

Facing a theft charge can be a daunting experience, and unfortunately, many individuals make mistakes that can significantly impact their case. One common error is speaking to law enforcement or a loss prevention employee without an attorney present. Anything you say can be used against you, and without legal guidance, you may inadvertently make incriminating statements.

Another mistake involves not taking the charges seriously enough and failing to seek qualified legal representation immediately. Trying to handle the case independently or relying on a public defender, who might be overwhelmed with numerous cases, could reduce the chances of a favorable outcome.

Additionally, defendants often underestimate the importance of complying with all court orders and proceedings. Missing a court date or not adhering to the terms of bail can result in additional charges or complications. Finally, failing to collect and preserve evidence that might prove your innocence or mitigate the charges is another critical misstep.

What Defenses Do I Have Against Theft Charges?

Several defenses can be employed if you are facing theft charges. One primary defense is a lack of intent. The prosecution must prove that you intended to permanently deprive the owner of their property. If you did not have this intent, it could be a strong defense. Paying for $200 of groceries but forgetting to pay for Chapstick.

Another viable defense is mistaken identity, where you prove that you were not the person who committed the theft. This can be supported by alibi evidence or video camera evidence and/or highlighting discrepancies in witness descriptions.

Consent or claim of right is another defense, where you argue that you believed you had the owner’s consent to take or use the property, or that you had a rightful claim to it.  Property was given to you with consent, but the alleged victim now denies it to law enforcement.

Insufficient evidence can also be a critical defense strategy. If the evidence against you is weak or circumstantial, your attorney can challenge it to create reasonable doubt.

Entrapment could be argued if law enforcement induced you to commit the theft that you otherwise would not have committed.

Lastly, if your rights were violated during the investigation or arrest, such as through unlawful search and seizure, any resulting evidence may be suppressed, effectively weakening the prosecution’s case.

Each of these defenses requires a thorough understanding of legal statutes and previous case law, making it essential to work with an experienced attorney to determine the best strategy for your situation.

How Can an Attorney Defend You Against Theft Charges?

Being accused of a theft crime can have serious consequences, including fines, prison time, and a criminal record. It is crucial to have a skilled theft crimes attorney on your side to defend your rights and protect your future. At Crawford and Boyle, LLC, our experienced legal team has a proven track record of successfully defending clients facing theft charges and getting them the best possible results.

Our theft crimes attorney can assist you with:

• Building a strong defense strategy
• Negotiating with prosecutors for reduced charges
• Representing you in court proceedings
• Providing guidance and support throughout the legal process
• Finding alternative outcomes, diversion programs, and accountability courts.

Don’t face theft charges alone. Contact Crawford and Boyle, LLC today to schedule a consultation with an attorney and start building your defense.

Contact Our Theft Crimes Attorney

Prosecutors will often use your own statements against you. This is why it is important to never talk to the police, answer their questions, or volunteer any information. You have the absolute right to remain silent. Anything you tell an officer while they are investigating you, even if it is a complete denial of any wrongdoing, can and will be used against you.

Most people become very nervous when being questioned by the police, and the natural result is often a desire to answer questions so that the encounter will end as quickly as possible.

The important thing to know is that even if you did make statements, there may be a way to keep them out of evidence. Sometimes, police fail to inform you of the necessary Miranda rights before questioning you, or they ignore your request for an attorney.

Any of these mistakes by law enforcement can lead to your statements being thrown out of court, seriously damaging the state’s case. Crawford and Boyle has an aggressive motions practice that seeks to keep out as much evidence as possible, including statements and physical evidence.

Get help with your case. Call (678) 680-5000 today or contact us online.