How Are Penalties for Theft Convictions Determined?
If you have been charged with a theft crime in Georgia, you could be facing penalties ranging from steep fines to a lengthy prison sentence. There are a number of theft crimes in Georgia, and the penalty imposed will depend on a range of factors, including the value of the stolen property and the method of the theft. Regardless of the crime that you have been charged with committing, it is imperative that you have an experienced theft crime lawyer on your side who will examine the charges that have been brought against you, review the evidence available, and recommend the defense strategy that will secure the best possible outcome for your case.
What Are the Different Types of Theft Crimes in Georgia?
The word theft covers a range of crimes, from minor misdemeanors to more serious felony theft crimes. The following are examples of the most common theft crimes in Georgia:
- Shoplifting: If you steal goods or merchandise from a store without paying for it or alter the price tag so that you pay less than what the item costs, you could be charged with shoplifting. A shoplifting offense involves stolen property that is worth $500 or less. If this is your first offense, the penalties include fines of up to $1,000, up to 12 months in jail, or both. If the value of the stolen item is more than $500, the crime becomes a felony offense, which has much harsher penalties, including up to 10 years in prison.
- Larceny, or theft by taking: This is a theft crime that involves unlawfully taking or appropriating another person’s property with the intention of depriving the owner of the property. Depending on the value of the stolen property and the circumstances surrounding the crime, theft by taking may be classified as a misdemeanor or a felony. For example, if the stolen property is valued at up to $1,500, it will likely be charged as a misdemeanor. However, if the value of the stolen property is more than $1,500, it may be considered a felony, which has increased penalties, including a possible prison sentence.
- Theft by deception: This is a serious theft crime that involves obtaining another person’s property by using deception, trickery, or fraudulent means. This can include concealing information, misrepresenting facts, or promising services that you have no intention of providing. Like theft by taking, the penalties for theft by deception will depend on the value of the property that is stolen. For example, if the property is valued at $1,500 or less, the crime is considered a misdemeanor. A theft by deception is considered a felony offense if the stolen property is valued at over $1,500.
- Theft by conversion: This is a type of white-collar crime that occurs when someone unlawfully obtains possession of another person’s property and uses it for their own purposes without the property owner’s permission. Theft by conversion crimes are often committed by someone who has been with property but uses it in an unauthorized manner.
- Theft of services: This type of theft crime occurs when someone obtains services without paying for them. Common examples include leaving a restaurant without paying for your meal, riding public transportation without purchasing a ticket, or obtaining cable or Wi-Fi services illegally. Penalties will depend on the value of the service that was stolen.
What Factors Determine the Penalty for a Theft Crime?
As mentioned, there are a number of factors that will determine the penalty for a theft crime. For example, if the value of the stolen property is less than $1,500, it will likely be considered a misdemeanor. The penalties include fines of up to $1,000 or a jail term of up to one year. If the stolen property is valued between $1,500 and $5,000, the theft crime is considered a felony that is punishable by a jail term of up to five years, although the judge presiding over the case has the discretion to charge the crime as a misdemeanor. The same penalty applies if the stolen property is valued between $5,000 and $25,000. However, if the value of the stolen property is $25,000 or more, it will be treated as a felony, which comes with a penalty of up to 20 years in prison.
In addition to fines and prison sentences, you could face additional consequences if you are charged with a theft crime. For example, the person you stole from could file a civil lawsuit against you and seek monetary damages, including the following:
- Compensatory damages, which include the value of the property and other losses incurred as a result of the theft
- Liquidated exemplary damages of up to $150 or twice the value of the loss, provided the total amount of the claim is under $5,000
- Legal and court costs associated with the lawsuit
What Are Examples of Effective Defense Strategies for Theft Crimes?
The prosecution has the burden of proving – beyond a shadow of a doubt – that you are guilty of a theft crime. There are a number of different defense strategies that your theft crime lawyer may recommend that will either prove that you are innocent or establish reasonable doubt. The following are examples of effective defense strategies for theft crimes:
- Lack of intent: If you believe that you had a right to the property in question or that you took the property by mistake, you may be able to prove that you had no intention of depriving the owner of their property.
- Challenging evidence: Your theft crime lawyer will thoroughly review all of the evidence available to determine if there are any weaknesses in the prosecution’s case. For example, your lawyer may question the legality of the search and seizure procedures or the reliability of a witness’s testimony. If there is insufficient evidence to prove that you committed the crime, your lawyer may recommend this defense strategy.
- Mistaken identity: If you can prove that you were wrongly identified as the person who committed the theft crime, and you have a strong alibi that you were somewhere else when the crime occurred, this may be an effective defense strategy.
- Negotiating plea deals. In certain circumstances, your lawyer may be able to negotiate a plea deal that will result in a reduced charge or less severe penalties.
- Entrapment. Entrapment occurs when a law enforcement official or a government agent convinces you to commit a crime that you would not have otherwise committed. If you can prove that you committed a theft crime under these circumstances, this may be an effective defense strategy.
- False accusation: If the charges against you are motivated by personal animosity or ulterior motives, and you have evidence to prove that this is the case, you may pursue this line of defense.
- Duress or coercion: While this is similar to entrapment, coercion involves the use of threats or force to pressure you to do something against your will.
The Savannah Theft Crime Lawyers at Kicklighter Law Represent Clients Facing Theft Charges
If you or someone you know has been charged with a theft crime, it is highly recommended that you contact the Savannah theft crime lawyers at Kicklighter Law at your earliest convenience. We will thoroughly review the charges that have been brought against you, the evidence available, and the value of the property that was stolen. Our dedicated legal team will determine the most effective defense strategy that will protect your legal rights and secure the best possible outcome for your case. To schedule a confidential consultation, call us today at 912-754-6003 or fill out our online form. Located in Springfield, Georgia, we serve clients in Effingham County, Savannah, and the surrounding areas.