If you have been arrested for larceny or a related theft charge in Georgia, understanding your legal rights and options is imperative. To learn more and secure skilled legal representation during your case, reach out to a knowledgeable Atlanta theft lawyer to set up your free consultation today.
What is Larceny in GA?
Larceny in Georgia is referred to as “theft by taking.” The Official Code of Georgia Annotated Section 16-8-2 defines the offense as follows.
“A person commits the offense of theft by taking when he unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.”
The crime is essentially taking the property of another person without permission and with the intent of permanently depriving them of their belongings. Theft by taking is the criminal offense most closely related to larceny. However, state law outlines a variety of theft-related offenses, including theft by deception, theft by conversion, theft of services, theft of lost or mislaid property, theft by receiving, and more. If you are facing criminal charges for theft in Georgia, it is important that you understand the potential outcome of your case as well as the associated legal consequences.
What Are the Penalties for Larceny?
The penalties for a larceny conviction in Georgia vary based on the unique circumstances of the offense, most notably the value of the property involved in the crime. Theft by taking is a wobbler in Georgia, meaning that it can be charged as either a misdemeanor or felony depending on the details of the situation. Section 16-8-12(a) outlines the sentencing guidelines for felony theft by taking. Consider the following.
- Property exceeding $24,999.99 in value: Imprisonment for 2 to 20 years
- Property $5,000 to $24,999.99 in value: Imprisonment for 1 to 10 years
- Property $1,500.01 to $4,999.99 in value: Imprisonment for 1 to 5 years
- If the defendant has two similar prior convictions: Imprisonment for 1 to 5 years
If the stolen property is valued at $1,500 or less, the offense is considered a misdemeanor. This can result in jail time of up to 1 year.
What Are Some Defenses for Theft?
If you are facing criminal charges for theft or a related offense, it is important to understand your options regarding defensive strategies. Consider the following.
- Lack of intent to steal
- Permission to take the property
- Insufficient evidence
- Alibi/mistaken identity
- Entrapment
- Duress
Because the penalties are so severe, it is imperative that you implement a strong defense in your case. To learn more about what will work best for you, consult with a knowledgeable criminal defense attorney at Williamson Legal today.
