Understanding a “Theft by Taking” Charge in Carrollton, GA

Georgia criminalizes theft, and penalties for theft by taking charge are steep. Under current Georgia law, a defendant can face possible felony charges depending on the value of the goods stolen. That could mean years behind bars, fines, and a loss of important civil rights. Call Moffitt Law, LLC if you are facing any theft charges. Our Carrollton, GA criminal defense lawyer can go over the circumstances of your arrest and begin analyzing which defenses will work best for your situation.

What Does Theft By Taking Mean?

O.C.G.A. § 16-8-2 is the theft by taking statute in Georgia. A person can be convicted of theft by taking charge if they unlawfully take another person’s property with the intent of depriving them of it.

Some examples include:

• Taking a neighbor’s lawn mower and hiding it in your garage with the intent of keeping it.
• Grabbing a woman’s purse, which she leaves unattended, and running off with it.
• Stealing a classmate’s laptop and taking it back to your apartment or dorm.

There is no requirement that you use force or threats when seizing the item. In fact, under this law it doesn’t matter how the defendant takes the property.

Theft by Taking Felony Georgia

Whether you face felony or misdemeanor charges will depend on the value of the property stolen. The more valuable, the harsher the punishments:

• Property is valued at $1,500 or less. This is a misdemeanor charge, with a maximum of 12 months in jail and a $1,000 fine.
• Property is worth more than $1,500 but less than $5,000. This is a felony in Georgia, with a punishment of 1-5 years in prison.
• Property valued at more than $5,000 but less than $25,000. A felony, with punishment running from 1-10 years in prison.
• Property valued at $25,000 or more. This is a felony, with possibly 2-20 years behind bars if convicted.

A judge has discretion to sentence some defendants to misdemeanors, so talk about this possibility with your criminal defense attorney.

Repeat Offenders

If you have two or more theft convictions, then your third offense can be a felony, with maximum penalties of 1-5 years in prison. That felony charge applies regardless of the value of the item you stole. The fact that you have prior felony convictions is sufficient reason for the state to increase the punishment.

How We Defend Clients from Theft By Taking Charge

Yes. Theft cases are often difficult for the state to win because they need strong evidence of each element of the offense. We might raise the following defenses:

• You did not have the intent to deprive the owner of the property. This is the hardest element for the state to prove. The prosecution cannot get into a person’s mind, and the state must rely on circumstantial evidence unless the defendant admits they wanted to keep the property. We might argue our client intended only to use an item briefly and then return it.
• You own the property. It is not theft if you own the item or have the right to it. For example, your neighbor could have borrowed your lawnmower and not returned it. You have not committed theft by taking it back.
• You made a mistake. You could have picked up an item believing it was yours. Suppose you grab a cell phone on your table at a restaurant, but it is a different person’s phone. That is not a crime.
• You had permission to take the property. The owner might have permitted you to take the property in question. Permission can be expressed with words or implied.
• The police search was unconstitutional. Many theft cases begin when the police find property in your garage, home, or vehicle. But the search might have been illegal to begin with, in which case we can argue your case should be dismissed.
• There is reasonable doubt whether you committed the offense. There might not be strong evidence that you took the property. Instead, someone else could have stolen the goods but stashed them in your garage or hidden them in the trunk of your car.

Call Moffitt Law, LLC, to speak with a criminal defense attorney. In other cases, pleading to a reduced charge might be the best resolution, especially if the evidence against you is strong.

Schedule a Consultation Today

Our firm has defended members of the Carrollton community in all types of cases, including theft prosecutions. Contact Moffitt Law, LLC, to arrange a consultation with our attorney to discuss the evidence in your case.