Theft by Taking in Georgia Defined
Theft by taking is taking or having property of another unlawfully. It is legally defined by Georgia Law, O.C.G.A. 16-8-2, as the following: “A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.”
Example of Theft by Taking in Georgia
An example of theft by taking in Georgia would be taking a person’s money or phone without that person’s given permission and planning on keeping it.
Theft by Taking in Georgia Penalty
According to O.C.G.A. 16-8-12 the penalty for theft by taking in Georgia for an amount exceeding $500 is imprisonment for one to ten years. It is charged as a misdemeanor or a felony based on the judge’s decision.
Theft by Deception in Georgia Defined
Theft by deception is tricking another person to take, transfer or sell the property of another. It is defined by Georgia Law, O.C.G.A. 16-8-3 as the following: “ a) A person commits the offense of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. b) A person deceives if he intentionally:
Example of Theft by Deception in Georgia
An example of theft by deception in Georgia would be lying to someone that you are a lawyer and convincing someone to pay you for legal advice.
Theft by Deception in Georgia Penalty
Theft by deception is charged the same as theft by taking with the judge’s discretion of a misdemeanor or felony for property valued over $500 and 1 to 10 years imprisonment. Although most commonly it is a misdemeanor charge for property valued under $500 and up to a year of imprisonment.
How to Beat a Theft by Taking Charge and Theft by Deception
Mike Greene has experience handling theft by taking and theft by deception charges. Here are some defenses that he will use to help fight for your case:
Innocence: If innocence can be presented the case can be thrown out. If evidence is present that you were somewhere else, such as with an alibi witness, it can be proved that you did not commit the crime.
No Intent: According to O.C.G.A 16-8-2 there must be intent to deprive a person of the property. If there is evidence that the person that took it believed it was truly theirs the case may be thrown out.
Value of Property: If the value of the property exceeds $500 the prosecution team may try to push for a felony. In this case the defense must examine the value closely to decide if it is less than $500 to reduce it to a misdemeanor.