Theft by Taking in Georgia: Misdemeanor vs. Felony, Penalties & Defenses

A theft by taking charge can move quickly from a single accusation to a court date. Before you even grasp the details, the consequences can start touching your career, your standing in the community, and the path ahead of you. The good news is that you don’t have to navigate any of it alone, and you don’t have to sort it out by yourself.

At Moffitt Law, our approach is simple: proven results, proven lawyer. Tyler Moffitt has more than 10 years of experience defending clients in Georgia courts, and he’s been named a Georgia Rising Star every year from 2023 through 2026. Criminal defense is his primary focus. Raised in LaGrange and now serving LaGrange, Carrollton, Columbus, and clients throughout Georgia, he believes representation should be personal and honest, never cold or transactional. You’re not just a case number. If you’re facing a theft charge in Georgia, contact our Carrollton criminal defense lawyers for a free evaluation.

What is theft by taking?

Theft by taking is one of Georgia’s most common theft charges, and it’s broader than many individuals expect. Under Georgia law, Official Code of Georgia Annotated § 16-8-2, 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.

That last part matters. The statute reaches a wide range of conduct, from taking a neighbor’s tools to keeping money you were entrusted with. To convict, prosecutors generally have to prove you took or kept someone else’s property and that you intended to deprive them of it. Intent is often the heart of the case, and it’s frequently where a strong defense begins.

Misdemeanor vs. felony: it usually comes down to value

Whether your charge is a misdemeanor or a felony usually depends on the value of the property involved. That single factor is what separates a misdemeanor theft case from felony exposure.

Under O.C.G.A. § 16-8-12, if the property is valued at $1, 500.00 or less, theft by taking is generally treated as a misdemeanor. Once the value climbs above that line, the case can be charged as a felony. Because value drives the outcome, a dispute over what the property was actually worth can change everything.

A few exceptions apply. Certain property, such as a motor vehicle, can trigger felony treatment regardless of value, and so can a firearm. A history of prior theft convictions can elevate a charge as well.

Penalties for theft by taking in Georgia

The penalties depend on the value tier and your record. Here’s how Georgia law breaks it down.

Misdemeanor penalties

If the property is worth $1, 500.00 or less, a conviction is generally a misdemeanor, which in Georgia carries up to 12 months in jail and a fine. Even a misdemeanor leaves a criminal record that can follow you when you apply for jobs, housing, or loans.

Felony penalties

Felony exposure rises with the value of the property. Under O.C.G.A. § 16-8-12, theft by taking is punishable by:

– one to five years in prison if the property is worth at least $1, 500.01 but less than $5, 000.00 (the judge may treat it as a misdemeanor).

– one to 10 years if the property is worth at least $5, 000.00 but less than $25, 000.00 (the judge may treat it as a misdemeanor).

– two to 20 years if the property is worth more than $24, 999.99.

A third or subsequent theft conviction can also be punished as a felony. The stakes are real, which is exactly why thorough preparation matters. Facing felony theft charges? Don’t wait. Contact us for a free evaluation.

Common defenses to theft by taking

Being charged is not the same as being convicted. The state has to prove every element beyond a reasonable doubt, and there are often more defenses available than individuals realize. Depending on the facts, a defense might include:

– Lack of intent: You believed the property was yours, or that you had permission to take or keep it.

– Mistaken identity: You weren’t the person who took the property.

– Claim of right: You had a genuine, good-faith claim to the property.

– Disputed value: The property was worth less than the state claims, which can reduce felony exposure to a misdemeanor.

– Insufficient evidence: The state cannot prove you took the property or intended to deprive the owner.

Tyler digs into how the evidence was gathered, whether your rights were respected, and where the state’s case is weak. He approaches every case with thorough preparation, and he explains your options in plain language.

Frequently asked questions about theft by taking

Is theft by taking the same as shoplifting?

No. Shoplifting is a separate offense under Georgia law that applies to concealing or taking the goods or merchandise of a store or retail establishment. Theft by taking is broader and can involve almost any property belonging to someone else. The two carry different rules, so it helps to know exactly what you’re facing.

Can a felony theft charge be reduced to a misdemeanor?

Sometimes. Because the felony line turns on value, challenging the state’s valuation can be a powerful tool. For certain value ranges, Georgia law also lets the judge sentence the case as a misdemeanor. Every case is different, which is why an honest review of the facts matters.

What should I do if I’ve been charged?

Avoid discussing the details with police or investigators before you talk to a lawyer, because anything you say can be used against you. Then contact us for a free evaluation so we can review your situation and explain your options.

Talk to a Georgia criminal defense lawyer today

A theft by taking charge is serious, but it’s also defensible, and the right preparation can make a real difference. Tyler Moffitt has earned not guilty verdicts and strong results for clients across Georgia, and he’ll treat you like a person with a future worth fighting for. Past results do not guarantee future outcomes. Every case is different.

Charged with theft by taking in Georgia? Tyler Moffitt fights for his clients. Contact us for a free evaluation. With offices in LaGrange, Carrollton, and Columbus, Moffitt Law is ready to help you understand your charge and your options, with no obligation.