In Georgia, the law takes a serious approach to theft crimes. If convicted, the consequences can be harsh and the value of the property involved can increase the severity of the charge.
If you are facing theft charges, it serves your best interests to learn how the state approaches theft crimes and the defenses that may apply.
Theft offenses in Georgia
State law recognizes several forms of theft, all of which can lead to severe penalties upon conviction.
- Theft by taking involves unlawfully taking property from someone
- Theft by deception focuses on obtaining property through false representation
- Theft by conversion applies when someone lawfully receives property but later uses it in an unauthorized manner
Property value plays a major role in determining whether the charge is a misdemeanor or felony.
Cases involving property valued at more than $1,500 are generally considered felonies. The possible penalties increase when the value exceeds five thousand dollars or twenty‑five thousand dollars. Additional enhancements may apply when the alleged conduct involves a breach of fiduciary duty, theft of government funds or theft committed against an elderly individual.
Potential defenses to theft charges
Several defenses can apply, depending on the circumstances and the facts of the case. Possibilities include:
- Lack of intent
- Mistaken ownership claim
- Insufficient evidence
- Consent from the property owner
In most situations, guidance from a criminal defense representative can help you determine which defense will best protect you from conviction.
Aggravating factors and sentencing considerations
Georgia courts also consider any aggravating factors that exist, such as prior convictions, use of fraud‑based schemes and the vulnerability of the alleged victim. Sentences may include paying victim restitution, serving probation or facing years of incarceration. Presenting a strong defense is typically the best way to avoid the harshest consequences.