Most people know that theft is a punishable crime by law. However, few understand the different theft laws and how they apply to various cases. Georgia’s misdemeanor and theft laws can get quite complicated. Luckily, a lawyer can help you understand them.
A lawyer can also protect your rights. Getting convicted of theft may see you serve time in jail. However, you can safeguard your rights by obtaining the right defense attorney’s help. Keep reading to learn more about Georgia’s misdemeanor and theft laws.
Defining Theft in Georgia
Theft in Georgia can happen in four different ways. These include theft by taking, deception, conversion, or extortion. According to O.C.G.A, theft by taking involves unlawfully acquiring someone else's property with the intention to deprive them of it. An example of theft by taking is physically stealing a phone. Another example is stealing money electronically from a bank account.
Theft by deception involves obtaining property by fraudulent means, for example, tricking someone into sending money for a non-existent benefit. Theft by conversion involves using lawfully obtained funds or property for your own use in violation of the legal agreement.
Theft by extortion occurs when someone illegally obtains property through threats. It could be a threat of defamation, physical harm, or anything else.
Penalties for Theft in Georgia
The difference between misdemeanors and felonies is the amount of jail time they attract. A crime is a misdemeanor if it allows for a jail time of one year or less. However, sentences that exceed one year are felonies.
A judge has the discretion to sentence some felonies as misdemeanors. Such offenses are typically known as wobblers. They teeter between penalties for a misdemeanor and a felony. Here is a detailed description of the penalties for different types of theft in Georgia:
Misdemeanor Theft
Misdemeanor theft is when someone steals property or services worth $1,500 or less. The penalty is up to one year in jail and a $1,000 fine. Offenders sentenced to six months or less in prison have some privileges. A judge can let them serve the sentence during weekends or non-work hours.
Wobbler Offenses
An offender becomes a felony wobbler if they have two or more previous theft convictions. A judge can give the offender 12 months in jail, the misdemeanor sentence. Alternatively, the judge can impose a felony sentence of one to five years in prison.
Theft of property or services worth between $1,500 and $5,000 or $5,000 and $25,000 is also a wobbler offense. The judge can impose a misdemeanor sentence and skip the felony sentence.
Felony Theft
Numerous offenses fall under the felony theft category. They include:
- Theft by extortion (up to 10 years in prison)
- Theft of a trade secret valued higher than $100 (up to five years in jail)
- Theft of property or services worth more than $25,00 (20 years prison time)
- Theft involving a gravesite or memorial (one to three years in prison)
Repeat Offenders
Offenders in Georgia with repeat felony convictions face serious penalties. In case of a second felony conviction, offenders receive the maximum punishment for the crime. If someone gets convicted of a fourth felony, they aren’t entitled to parole.
Theft by Shoplifting
Under Georgia law, shoplifting involves hiding products with the intent to steal. The act of stealing doesn’t have to be complete for it to be shoplifting. Interchanging price tags to get the product for a lower price is also shoplifting.
The penalty for shoplifting depends on the value of the stolen good. The offense is a misdemeanor if the product is worth $500 or less. If it’s worth more than $500, the crime is a felony.
In Conclusion
Facing charges for theft can be terrifying. Even a minor misdemeanor charge can have serious repercussions. In addition, having a criminal record for theft can affect your reputation. It can also make it challenging to find a job or even housing. Understanding the law can help you prepare for any potential outcome.
