In the state of Georgia, a charge of “theft by taking” can be filed against a person who either unlawfully steals from another person or otherwise deprives them of their property. The wording of the law itself is such that, no matter how that property comes into a person’s possession, they can be charged with theft by taking.
Those facing theft by taking charges may experience a sense of helplessness or confusion as they are taken into custody. They may fear for their future, and how these charges will affect their reputation or their livelihoods. And they may have questions, which we hope to address here.
Ultimately, there are two distinct types of theft by taking and the difference between them is based on the value of the property in question.
Misdemeanor Theft by Taking: If the value of the property in question is less than $1,500, the defendant will generally be charged with a misdemeanor, which carries a maximum jail sentence of 12 months in addition to various fines. Those fines will include court costs and restitution to victims, and other consequences could include community service, probation and counseling.
Felony Theft by Taking: For cases where the total value of the property taken exceeds $1,500, or where the defendant has prior convictions, the defendant could be charged with felony theft by taking. If the value is up to $5,000, the felony conviction will carry between 1-5 years in prison. For cases where the value runs from $5,000.01 to $25,000, the maximum sentence can increase to ten years in prison. As a felon, those convicted will face a permanent mark on their criminal record and life-long consequences.
How Can Busbee Law Group Help?
Theft by taking charges is prosecuted seriously in the State of Georgia, but there is a myriad of different defenses against them.
Establishing Good Faith: This involves proving to a jury that the defendant had good faith that the property in question either belonged to them already, they had the right to use it or that they had a valid claim to its ownership.
Establishing Consent: Obviously, one of the cornerstones of theft is that the damaged party did not give approval for the defendant to take their property. But it is possible to prove that they did consent, and that the defendant was operating under the impression that they had permission.
Proving Innocence: A strong alibi or compelling testimony from witnesses can show a jury that the defendant was incapable of committing the crime or that they were simply elsewhere when the theft occurred.
Entrapment: This involves showing the jury that the defendant was compelled to commit the crime against their will by a third party.
The first step in any defense is to call the Busbee Law Group. Time and time again we’ve shown that our method of exhaustive preparation yields successful outcomes. We never plead guilty, no matter if it’s a felony or a misdemeanor. Instead, we fight for you, making sure all charges are cleared and that you can face life with the vindication of having all charges dropped or reduced. Submit your contact information below to schedule your free, no-obligation case evaluation.
