Georgia Code: Theft Charges

Georgia’s theft statute explicitly identifies several different kinds of theft. In this blog, we will address theft by taking, theft by deception, and theft by shoplifting and theft charges in Georgia.

At The Patel Law Firm, we understand that theft laws and legal processes can be complex. You’ll need an experienced and knowledgeable criminal defense attorney on your side.

Theft by Taking

A person commits the offense of theft by taking when he/she unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him/her of the property, regardless of the manner in which the property is taken or appropriated.

To “deprive” refers to withholding property of another either temporarily or permanently. It also includes disposing of the individual’s property in a manner that makes it unlikely the owner will recover it. Property of another refers to any item a person has an interest in or ownership.

Someone can commit theft even by taking unattended property. For example, taking cash left on a restaurant table and stealing a parked car.

Theft by Deception

A person commits the offense of theft by deception when he/she obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property.

This could be by stealing someone’s social security number and taking loans out. Or it could be convincing people to pay you for legal advice when you’re not a lawyer.

Theft by Shoplifting

A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof, does any of the following:

1. Conceals or takes possession of the goods or merchandise of any store or retail establishment;
2. Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
3. Transfers the goods or merchandise of any store or retail establishment from one container to another;
4. Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or
5. Wrongfully causes the amount paid to be less than the merchant’s stated price for the merchandise.

For example, stealing a bike or someone’s wallet (pickpocketing), or taking things from a retail store, e.g., clothes.

Upon conviction, the penalty for theft charges in Georgia can be either a misdemeanor or a felony.

• Misdemeanor (up to 1 yr. in jail, plus fine): Property value is $500 or less.

• Felony (1 to 10 yrs. in prison, plus fine): Property value at least $500, or property is stolen from three different stores in the same county within a 3-day period (worth at least $100); theft of anhydrous ammonia; theft involving breach of fiduciary relationship; theft involving gravesite; theft of motor vehicle valued at $100 or more; theft while telemarketing or using computer; theft of a destructive device, explosive, or firearm.

Contact a Savannah Criminal Defense Lawyer Today

If you have been charged with theft in Savannah, Georgia, contact me immediately. I will explore any and all defenses and can help you find ways to minimize the consequences.