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.

Kousisis comes before the Court after a Philadelphia-area government contractor was found guilty of fraud after it failed to comply with a contract provision intended to promote diversity. Stamatios Kousisis and Alpha Painting and Construction Co., Inc. (Alpha) secured two substantial contracts with the Pennsylvania Department of Transportation (PennDOT). These contracts mandated a certain percentage of work to be allocated to Disadvantaged Business Enterprises (DBEs). Kousisis and his company misrepresented their compliance with this requirement by using a DBE as a mere pass-through entity, thereby falsely claiming adherence to the DBE participation goals. Despite this deception, the contracted work was completed to PennDOT’s satisfaction, and no direct financial loss was incurred by the department.

Federal prosecutors charged Kousisis and Alpha with wire fraud, conspiracy to commit wire fraud, and making false statements. The prosecution’s argument was based on the “fraudulent inducement” theory, suggesting that the defendants obtained the contracts through deceptive promises, even though PennDOT did not suffer a financial loss. Ultimately, Kousisis was sentenced to 70 months’ imprisonment for the multi-million dollar fraud he perpetrated following a jury trial in 2018.

However, the defense has argued that for a fraud conviction, there must be an intent to cause economic harm, which they claim was absent in this case. During oral arguments, Justice Ketanji Brown Jackson posed the question, “Why isn’t this a classic scheme to obtain property under false pretenses?” For years in federal white-collar cases, the “scheme” itself has always been recognized as the “harm” that triggers application of the federal fraud statutes. Despite that precedent, defense argued: “If there’s no harm that occurs in those transactions, there is no fraud.”

It seems that conservative justices were receptive to the defendant’s argument. Chief Justice John Roberts suggested that “such crimes were better handled by state prosecutors.” Justice Samuel Alito expressed that “the court really doesn’t like the federalization of white-collar prosecutions and wants that to be done in state court and is really hostile to this whole enterprise.”

The outcome of Kousisis v. United States holds the potential to redefine the scope of federal white-collar prosecutions. A decision favoring the defendants could lead to a substantial shift in prosecutorial responsibilities from federal to state authorities. A ruling that limits federal jurisdiction in such cases would compel companies to adapt by focusing more on state-level compliance and legal frameworks. Engaging with experienced legal counsel will be essential for businesses to remain compliant and mitigate risks in this evolving legal landscape.

Reduction in Time Requirements

Previously, individuals convicted of a sexual offense in Georgia had to wait 10 years after completing their sentence before petitioning the court for removal from the Sex Offender Registry. SB 493 has reduced this waiting period to 5 years, making it possible for eligible individuals to initiate the process sooner. This amendment reflects a shift toward offering second chances, particularly for those who demonstrate low risk of reoffending.

Risk Level Consideration

While the waiting period has been shortened, the bill introduces a new hurdle: petitioners must now be classified as Level I offenders (low risk) by the Georgia Sex Offender Risk Review Board. Previously, individuals classified as Level II were eligible for removal after 10 years, but SB 493 restricts this privilege exclusively to Level I offenders. This change narrows the pool of individuals who may be eligible for removal from the registry, especially because many individuals remain “unlevelled” by SORRB for years. For individuals who are seeking leveling, the assistance of an attorney could be pivotal. Once you are levelled, there are limited ways to appeal that classification, and now, any classification other than Level I can jeopardize eligibility for removal.

Special Provision for Elderly Offenders

Senate Bill 493 also introduces an additional avenue for elderly offenders seeking removal. Individuals aged 80 or older are now eligible to petition for removal, provided they meet other conditions such as completing their sentence. This amendment is intended to ease the burden on elderly individuals who may no longer pose a threat to the community.

Challenges for Out-of-State and Federal Convictions

The bill also makes the process more challenging for individuals convicted outside of Georgia or under military/federal law. Such petitioners must now demonstrate that they have already been removed from the registry in their original state or under federal law before seeking removal in Georgia. Additionally, they must meet the same criteria as in-state offenders, including the new Level I requirement. This change adds significant complexity for out-of-state or federal offenders who wish to clear their name in Georgia.

Conclusion

In summary, SB 493 introduces both relaxed and tightened requirements for removal from the Georgia Sex Offender Registry. The waiting period has been reduced for those convicted in Georgia, but the risk level threshold has been raised. Additionally, elderly individuals now have new opportunities to seek removal, while out-of-state offenders face additional challenges.

However, it is important to note that the changes enacted by SB 493 only apply to those who committed offenses after July 1, 2024. These changes do not apply to individuals who committed offenses and were already on the Registry prior to July 1, 2024. It is crucial to understand what laws apply to your case with the constant changes to O.C.G.A. § 42-1-19.

If you or a loved one is seeking removal from the Georgia Sex Offender Registry, it’s essential to understand these changes and how they might apply to your case. Consulting with an experienced attorney can help navigate the petition process.

But, also he made sure to point out that in addition to the charges and arrests being announced, that the government also seized over $230 million in cash, luxury vehicles, gold, and other assets in connection with these cases.

The government comes after you with search warrants, warrants to freeze and seize your assets and subpoenas for your records. Do not attempt to deal with these things alone Contact us so we can protect your license, your livelihood and your assets.