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.

Under O.C.G.A. § 24-4-404(b), evidence of other acts can be introduced by the prosecution to prove a defendant’s “motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident.” This type of evidence is only admissible if the State shows:

“(1) that it seeks to introduce the evidence not to raise an improper inference as to the defendant’s character but for some proper purpose; (2) that there is sufficient evidence to establish that the defendant committed the independent offense; and (3) that there is a sufficient connection or similarity between the independent offense and the crime charged so that proof of the former tends to prove the latter.” Amica v. State, 704 S.E.2d 831 (Ga.App. 2010).

More specifically, however, O.C.G.A. § 24-4-413 provides that “evidence of the accused’s commission of another offense of sexual assault shall be admissible and may be considered for its bearing on any matter to which it is relevant.”

This means that while evidence of other acts is admissible in all types of criminal cases, it is most liberally extended in the area of sexual offenses. This presents an issue for defendants at trial because it potentially opens the door to every allegation anyone ever made against the defendant regardless of whether the allegation was reported to the police or whether the defendant was ever prosecuted. This often leads to the admission of uncorroborated and unreliable allegations that the defendant never had a prior opportunity to disprove.

Similar transaction evidence can be one of the largest hurdles facing a criminal defendant. Although the judge tells the jury that all this evidence about the other crime cannot be used to determine the guilt for the crime that the defendant is on trial for, that is not a reality. Evidence of prior crimes will almost always create some bias in the minds of jurors.

The law surrounding similar transaction evidence is complex, but there are ways a skilled attorney can ensure this type of evidence is excluded from trial. Early in the case, criminal defense attorneys must identify potential evidence of other acts and investigate these allegations just as thoroughly as the allegations in the indictment. Even though the defendant is technically only on trial for the charges in the indictment, the defense must effectively disprove or exclude evidence of prior allegations and crimes.

Below are the federal statutes that address child pornography.

18 U.S.C. §2252 – Child pornography; 18 U.S.C. §2252A – Sexual exploitation of minors; and 18 U.S.C. §1466A – Obscene visual representation of sexual abuse of minors

18 U.S.C. 2251 – Sexual Exploitation of Children

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Below are the statutory minimum and maximum punishments for these offenses:

I. Possession of child pornography (first offense)

• No minimum; maximum 10 years
• BOL (Base offense level) 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)

II. Possession of child pornography (second or subsequent sex-based offense and pornography depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. §2252(b)(2); 18 U.S.C. §2252A(b)(2)

III. Mailing, transporting, or receiving, or possession with intent to sell child pornography (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41- 51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

IV. Mailing, transporting, or receiving, or possession with intent to sell child pornography (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1)

V. Possession of visual representations of sexual abuse of children (first offense)

• No minimum; maximum 10 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2) (per 18 U.S.C. § 1446A(a))

VI. Possession of visual representations of sexual abuse of children (second or subsequent sex-based offense & pornography that depicts child under 12 years old)

• Minimum 10 years; maximum 20 years
• BOL 18 (27-33 months)
• 18 U.S.C. § 2252(b)(2); 18 U.S.C. § 2252A(b)(2)) (per 18 U.S.C. § 1446A(a))

VII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (first offense)

• Minimum 5 years; maximum 20 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 U.S.C. §1446A(b))

VIII. Mailing, transporting, or receiving, or possession with intent to sell images depicting sexual abuse of children (second or subsequent sex-based offense)

• Minimum 15 years; maximum 40 years
• BOL 22 (41-51 months)
• 18 U.S.C. § 2252(b)(1); 18 U.S.C. § 2252A(b)(1) (per 18 USC 1446A(b))

IX. Production

• Minimum 15 years; Maximum 30 years
• BOL 32 (121-151 months)
• 18 U.S.C. § 2251

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Below are the applicable United States Sentencing Guidelines.

Production USSG 2G2.1

This includes situations that involve asking a minor for an illicit image, or a situation such as the following link: https://www.wsbtv.com/news/local/metro-atlanta-couple-charged-with-using-adopted-kids-make-child-porn/DQIMBH4YZNFC5E6UUSSXM2HLDA/

BOL 32 (121-151 months)

POSSIBLE ENHANCEMENTS:

+4 under age 12;

+2 age 12-16

+2 sex act

+4 levels if sex act AND 18 U.S.C. § 2241 (a) or (b) Aggravated sexual abuse

Distribution USSG 2G2.2

BOL 22; 2252 and 2252A not under either below

Receipt

BOL 20 since not possession and defendant’s conduct was limited to receipt and there was no intent to traffic or distribute

Possession

BOL 18 2252(a)(4), 2252A(a)(5) or 2252A(a)(7)

POSSIBLE ENHANCEMENTS:

+2 under age 12

+x for pecuniary gain (see fraud table 2B1.1. but not less than +5)

+5 for any type of gain other than pecuniary

+5 if distributed to a minor

+6 if distributed to a minor to coerce minor to engage in illegal activity

+7 if distributed to a minor to coerce minor to engage in illegal activity and make minor travel

+2 if knowingly distributed other than described anywhere else +2 masochistic or sadist +4 if toddler or infant +5 if pattern +2 use of computer +2 10-150 images +3 150-300 images +4 300-600 images +5 600 plus images *Note with videos, it is very easy to get to 600 plus images.

There are many strategies for defending someone charged with these type of charges. Have the photos been edited? Are the individuals in the images actually under the age of 18? Were these images downloaded by accident? Did someone else have access to the computer? The router?

As described above, the consequences of a child pornography conviction are severe and life-altering. The collateral consequence of the sex offender registry can be devastating.

For further information, or if you have a loved one charged with this, please contact our firm.

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