In Georgia, theft offenses are taken seriously and prosecuted under a range of statutes depending on how the property was allegedly taken and its value. Understanding the different types of theft can help individuals facing charges understand what they are up against and why legal representation is so important.
The most basic theft offense prosecuted in Georgia is theft by taking. This occurs when someone unlawfully takes or appropriates someone else’s property with the intent to deprive the owner of it. This charge covers situations such as shoplifting, stealing personal belongings or taking money from an employer. The severity of the charge depends largely on the value of the property. If the value is $1,500 or less, the offense is typically a misdemeanor. If the value exceeds $1,500, it can be charged as a felony.
More nuanced kinds of theft
Theft by deception involves obtaining property through lies, fraud or misrepresentation. An example would be tricking someone into handing over money based on false promises. Prosecutors must show that the accused intentionally misled the victim to gain access to the property.
Theft by conversion occurs when a person lawfully receives property but later unlawfully uses it for their own benefit. This is often seen in cases involving rental equipment or funds held in trust. For instance, if someone rents a car and then refuses to return it, they could be charged with theft by conversion.
Another common charge is theft of services. This involves using services—like utilities, cable or professional labor—without paying for them or using deception to avoid payment. Even failure to return rented furniture or electronics can result in a theft of services charge.
Georgia also prosecutes theft by receiving stolen property, which applies when someone knowingly receives, disposes of or retains stolen property. The key issue in these cases is whether the person knew, or should have known, that the property was stolen.
It is important to remember that simply because accusations of theft have been made, this doesn’t mean that an individual will be convicted of wrongdoing. Seeking legal guidance right away can help those who have been accused of theft to build a strong defense strategy.