Common Defenses to Theft Crimes in Georgia

In Georgia, being convicted of a theft crime can have severe and life-altering consequences such as lengthy jail times, substantial fines that can impact the stability of your financial security, and suffering a permanent stain on your criminal record. If you find yourself accused of theft crime, it is vital that you retain the services of a theft crime lawyer who can help you explore some of the common defenses to theft crimes in Georgia that might be right for you.

Defining Georgia Theft Crimes

In general terms, Georgia theft crimes involve the intentional taking or possessing of another individual’s personal property without their permission and with the intent to deprive them of that property. The most common theft charges that can arise in the state include:

• Theft by taking. This crime can occur when an individual has allegedly taken property that belongs to another with the intent to deprive the original owner of that property. This charge can also arise from supposed situations where an individual has lawfully taken possession of the property but then holds onto the property in an unlawful manner.
• Theft by conversion. This charge can arise when an individual has legally obtained the funds or property of another and is under a legal obligation or contract to handle those funds or property in a certain way and instead converts the funds for their own use. Another term for this crime is embezzlement.
• Theft of services. A person can be charged with this crime if they have allegedly obtained entertainment, services, accommodations, or the use of personal property that is only available for compensation through deception and with the intent to avoid payments. An intent to avoid payments can be shown if a person intentionally provides false information in a contract, such as using a fake ID or writing a bad check.
• Fraud. In Georgia, fraud charges are taken quite seriously and typically involve some type of lie, dishonesty, or other deception to gain some kind of money, property, or other item of value. The most common fraud charges include forgery, identity theft, aggravated identity theft, wire fraud, mail fraud, or insurance fraud.
• Theft by deception. When an individual allegedly and intentionally obtains property belonging to another person by means of deceit or dishonesty, they may be charged with the crime of theft by deception, otherwise known as swindling. This can happen in cases where the offender has allegedly created or confirmed a false impression about an existing fact or fails to correct a false impression.
• Theft by receiving stolen property. This crime can occur when an individual allegedly has received, gotten rid of, or kept property that they know was stolen.
• Theft of lost or mislaid property. This charge can occur if an individual allegedly comes into possession of property or goods that they know is stolen property or learns it is the stolen property of another individual and takes it for their own use first without taking reasonable measures to find and return the property to its rightful owner.

Common Defenses for Georgia Theft Crimes

Theft crimes are serious and carry more than just legal consequences. A conviction can result in negative impacts on your social and personal life. In fact, the current unemployment rate for individuals with criminal records in the United States currently stands at 30%. This is one of the many reasons why ensuring you have a solid defense is so important. The most common defenses used in theft cases in Georgia include the following:

• Lack of intent. One of the most crucial aspects of the prosecution’s case against you will be proving that you committed the theft offense with intent. If your attorney can demonstrate that the act was unintentional or accidental, you may be able to use this defense to your advantage.
  For example, if you can prove you simply walked out of the store and did not realize merchandise had slipped into your cart, this can be a lack of intent.
• Ownership. If you have good reason and cause to believe that you had the right to possess the property in question, you may have a valid defense. For example, showing hard evidence that you are the rightful owner, such as a title or other claim to ownership, can weaken the prosecution’s case against you.
• Consent. If the alleged victim of the crime gave you their written or vocal permission to borrow the property in question, they cannot press theft charges against you. One of the strongest defenses against theft crime charges is to demonstrate that the property was legally loaned to you or you received the owner’s consent to borrow the property.
• Unlawful search and seizure. In the United States, all citizens are protected from illegal searches and seizures. You cannot suffer a conviction if the prosecution collects the evidence against you through an illegal search and seizure by law enforcement agents.

FAQs

Q: How Does the Law in Georgia Define Property?

A: In Georgia, property can be defined as any immovable items, such as land or buildings; movable items, such as cars, cash, or jewelry, documents such as certificates, titles, or bonds; data, such as social security numbers, bank account numbers, or trade secrets, or failing to pay for services, such as the services at a bar or restaurant.

Q: What Evidence Is Used in a Theft Crime Case in Georgia?

A: There are several forms of evidence the prosecution in a theft crimes case may try to use against a defendant to argue the guilt of that individual. These forms of evidence can include statements made by alleged eyewitnesses, video or photographic evidence of the crime being committed, evidence showing the alleged intent of the person charged, such as emails, texts, or voice messages, and DNA evidence found at the scene of the alleged crime.

Q: What Are the Penalties for Theft?

A: From 2019 to 2023, 75.1% of individuals convicted of theft crimes in the United States were sentenced to prison. Apart from these prison sentences, an individual might face fines, restitution payments to victims of the crimes, parole, probation, or community service. They might also face the social stigma that comes with having a criminal record and find it more difficult to secure housing and employment.

Q: How Much Does a Theft Defense Lawyer Charge?

A: It can be difficult to offer an exact number as to how much a theft defense lawyer might charge for their services in Georgia, as each lawyer is different. However, there are several common variables that can impact the final costs of a case, including the overall complexity and duration of the case and the skill level of the lawyer.

Charged With a Theft Crime? Contact Jarrett Maillet J.D., P.C. Today!

If you have been charged with a theft crime in Georgia, contact the offices of Jarrett Maillet J.D., P.C. today. We have years of experience when it comes to defending individuals against these charges and are happy to review your case and determine the correct course of legal action to take. Call us today to schedule your initial consultation with our team.