Theft Crimes Defense Attorney in Augusta, GA

What is a Theft Crime?

Generally, a theft crime is one in which the accused intentionally deprives the owner of property or something else of value of the use and possession of that property. In simple terms, taking something that belongs to someone else without permission or the right to do so.

Under Georgia law, there are several different theft crimes, carrying different classifications and different penalties. These include:

• Theft by taking, which simply means appropriating property you have no right to, or keeping property you have no right to keep
• Theft by deception, which involves obtaining property through deception or artifice
• Theft by conversion, which means using money or property that is in your property legally for your own purposes instead of the agreed purpose
• Theft of services, which occurs when someone obtains services, entertainment, or the use of property dishonestly, with the intent to avoid payment
• Theft of lost or mislaid property, which occurs when someone comes into possession of property they know is lost or mislaid and keeps it for their own use without trying to get it back to the owner
• Theft by receiving stolen property, which occurs when someone takes possession of property they know or reasonably should know is stolen
• Theft by shoplifting, which occurs when someone takes an item from a retail store without paying, or contrives to pay less than the correct price of the item through trickery such as switching price tags

These are just some of the most common types of theft crimes in Georgia. There are also specific crimes for theft of trade secrets, refund fraud, shoplifting rings, extortion, and other means of obtaining property you are not entitled to. If you’ve been accused of one of these crimes, it is important to talk with a local criminal defense lawyer who has extensive experience defending those accused of burglary, shoplifting, or other related offenses right away.

Theft crimes may be misdemeanors or felonies, depending on the nature of the theft, the value of the property, previous convictions, and other factors.

Robbery is a Special Type of Theft Crime

Under Georgia law, a person is guilty of robbery if they commit a theft by taking property from another person, or in the immediate presence of another person, and use force or intimidation to take the property. There are several different types and degrees of robbery in Georgia, depending on variables such as:

• Whether the robber was armed during the commission of the crime
• The age of the victim
• Whether the robbery occurred in a pharmacy and involved the taking of a controlled substance

The least serious robbery conviction carries a possible prison sentence of up to 20 years, and some robbery crimes are classified as serious violent felonies. So, it is important to talk with an experienced August robbery lawyer right away if you have been accused of a robbery crime.

How is Burglary Different from Theft?

Burglary means breaking into a building or other structure with the intent to commit a felony inside. Often, the felony a burglar intends to commit is theft, such as stealing electronics from a house while the occupants are away. However, burglary can occur without theft. For example, someone who broke into a house intending to kill or sexually assault the occupant would be guilty of burglary. So would someone who broke into a restaurant to set it on fire.

It’s important to note that while the term “breaking and entering” is often used in discussions of burglary cases, no breaking is actually required. You can be convicted of burglary if you’ve entered the property without permission intending to commit a felony, or if you were on the premises legally but illegally remained in the building or other structure for the purpose of committing a felony.

Burglary is a more serious crime if the place the accused has entered is a dwelling. That could mean a house, an apartment building, a trailer or boat being used as a dwelling, or any other structure designed for use as a dwelling. A first offense conviction involving burglary of a dwelling carries a sentence of up to 20 years. A first offense involving burglary of a non-dwelling structure, such as a place of business, carries a maximum sentence of eight years.

The possible penalties increase with subsequent convictions. And, burglary charges are often accompanied by other charges relating to the intended (or completed) felony. An experienced Georgia burglary lawyer is your best source of information about the possible consequences of a burglary conviction and the defenses that may be available to you.