Lawrenceville Theft Attorney
Being charged with theft in Lawrenceville, whether as a misdemeanor or felony, is a serious matter. Theft is a criminal offense and can result in fines, imprisonment, and a criminal record. Mitigating the consequences of these charges requires support from a dedicated Lawrenceville theft lawyer.
It can be daunting to face the criminal justice system, especially knowing how much it can affect your life and future. You have the right to legal defense, and when charged with a theft crime, you’re advised to take advantage of that right. The most effective way to lower or erase the penalties you face is to have a diligent attorney working in your interest.
The Fleming Firm: You Theft Defense Team
At The Fleming Firm, we provide effective criminal defense to the Lawrenceville community. We take the time to research every relevant angle in your case, determining all the potential options for your defense. Our team has years of experience in criminal defense law. We understand the impact a theft conviction can have on your immediate freedom and your future opportunities, and we can help you fight for a favorable outcome.
Our experienced legal team in Lawrenceville, GA can evaluate your case and help ensure you understand the charges against you and your rights going forward. We can determine the most effective defense strategy and, if necessary, advocate for you during a trial.
Theft Offenses in Georgia
There are numerous types of theft crimes, such as taking someone’s property or failing to pay someone for a service they completed. Some common theft offenses one can be charged for in Georgia include:
- Theft by taking. Theft by taking is defined as unlawfully taking or unlawfully appropriating another person’s property, intending to deprive them of that property. It does not matter how the property is appropriated.
- Theft by deception. Theft by deception occurs when someone procures any property with the intent to deprive the owner of that property using deceit. Deceit is the act of intentionally:
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- Agreeing with or creating a person’s impression of a false fact or event, which the offender knows to be false
- Failing to fix an incorrect impression of a fact or event that was previously created or agreed upon
- Preventing a person from finding information relevant to the stolen property
- Selling or transferring a property while purposefully failing to provide information about a lien, claim, or other impediment
- Promising services that the offender does not intend to provide, although failure to perform the service is insufficient to show deceit
Theft by deception does not include false statements that have no financial relevance.
- Theft of services. Theft of services occurs when someone uses deceit to obtain services, knowing they intend to avoid paying. This includes the theft of services, entertainment, accommodations, or use of personal property only available for compensation.
- Theft of Received Stolen Property. Theft of received stolen property occurs when someone retains, receives, or disposes of stolen property that they know or should reasonably know was stolen. It does not apply when the person intended to restore the property to the original owner when they received, retained, or disposed of it. Conviction of the initial thief is not required to convict someone of theft by receiving stolen property.
- Theft by Shoplifting. Shoplifting occurs when someone works alone or with others and intends to appropriate merchandise or to deprive the owner of the property or value by doing any of the following:
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- Taking possession of or hiding merchandise from a retail store or establishment
- Changing the price or other marking of store merchandise
- Moving the store merchandise into another container
- Exchanging prices of two items of merchandise
- Causing the payment for merchandise to be less than the stated price
Theft by shoplifting is generally charged as a misdemeanor when the theft is below a certain dollar amount. If the stolen property is of great value, a felony charge can occur for shoplifting.
Additional types of theft offenses can include the following:
- Theft by conversion
- Theft of lost or mislaid property
- Theft by receiving stolen property
- Theft by receiving stolen property from another state or bringing stolen property into the state
- Theft of trade secrets
- Refund fraud
- Retail property fencing
- Organized retail theft
- Payment conversion for real property improvements
- Entering a motor vehicle with intent to commit theft
- Theft by extortion
- Cargo theft
- Livestock theft
Penalties for Theft Charges
Some theft offenses can be charged as misdemeanors if they are first offenses and the value of the stolen item or items is under a certain value. This includes theft by deception, taking, conversion, theft of mislaid property or services, and receiving or bringing stolen property. These offenses are usually charged as misdemeanors unless aggravating factors are present. In Georgia, the penalties for a misdemeanor can include fines and jail time, or both.
Other theft offenses are charged more seriously in the following situations:
- The property stolen was valued at more than $24,999.99, which results in between two years and 20 years imprisonment
- The property stolen was worth more than $5,000.00 and less than $25,000.00, resulting in penalties of between one year and ten years
- The property stolen was between $1,500.01 and $5,000 in value, which leads to between one year and five years imprisonment
- The offender has two prior convictions in the same section, and this third conviction is penalized by between one year and five years of imprisonment
The penalties can also be increased depending on the specific item stolen or if the offender had a fiduciary duty to protect the items they took.
Protecting Your Future With Strong Criminal Defense
While many might consider theft to be a less serious offense, a conviction of a theft crime can have serious consequences. If you or someone you know is facing a theft charge, getting in touch with a skilled legal attorney is highly recommended. The team at The Fleming Firm can help you protect your rights and interests. Contact our team today to get started.