Understanding Theft Laws – Why you need an Experienced Criminal Defense Lawyer

Conaway & Strickler, P.C.

If you’ve been accused of theft or a financial crime in Georgia, understanding the law is the first step toward protecting yourself. Theft and fraud charges can carry serious penalties, and a conviction can impact your job, reputation, and freedom. Here’s what you should know about how Georgia defines, classifies, and prosecutes theft-related offenses.

Under O.C.G.A. § 16-8-2, Georgia law defines theft as unlawfully taking or appropriating another person’s property with the intent to deprive the owner of it. “Deprive” means permanently withholding the property or keeping it long enough to cause the owner to lose significant value or use. Common types of theft charges our firm defends include:

  • Theft by Taking: Physically taking property without consent.
  • Theft by Deception: Using lies or false promises to obtain property.
  • Theft by Conversion: Lawfully obtaining property (such as through a rental or loan) but later keeping it for personal use.
  • Theft by Receiving: Knowingly receiving, disposing of, or retaining property that was stolen by another person.
  • Shoplifting: Concealing, altering price tags, or leaving a store without paying for merchandise.
  • Theft of Services: Receiving services (like utilities, labor, or accommodations) without payment or authorization.
  • Retail Property Fencing: Organizing, financing, or reselling stolen retail goods—often linked to shoplifting rings or online resale schemes.
  • Porch Piracy: Stealing delivered packages or mail from a person’s doorstep, mailbox, or private property. Georgia has recently increased penalties for this offense, treating it as a serious form of theft.

The value of the stolen property often determines whether a theft charge is a misdemeanor or felony. Misdemeanor theft involves property valued at $1,500 or less, and is punishable by up to 12 months in jail and fines up to $1,000. Felony theft involves property valued over $1,500, or theft of certain items like firearms, motor vehicles, or government property. Felony theft can carry one to ten years in prison. These penalties can become even more significant if an individual is charged with multiple counts of theft. Repeat offenders and thefts targeting elderly or disabled victims can also face enhanced penalties.

Theft convictions can carry more than just fines or jail time—they can affect employment, housing, and reputation. An experienced Georgia criminal defense attorney can help review the facts, negotiate with prosecutors, and build a strong defense strategy to protect your rights and future.

Whether you’re facing a shoplifting charge or a white-collar investigation, working with a skilled criminal defense lawyer in Georgia can make all the difference. Contact us to schedule a consultation.

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