DeKalb County Theft by Taking Lawyer
The law in Georgia outlines many different types of theft. Theft by taking is just one of these. In other states, theft by taking is referred to as larceny. While the legal term in Georgia is ‘theft by taking,’ it is synonymous with larceny. Many people think that theft by taking is a minor offense, but it is not. A conviction will carry serious penalties, including a permanent criminal record. If you or someone you love has been accused, our DeKalb County theft by taking lawyer can provide the legal defense you need.
What is the Law on Theft by Taking in DeKalb County?
Of all the types of theft in DeKalb County, and throughout Georgia, the most common is theft by taking. The law defines this type of theft as illegally taking or appropriating someone else’s property with the intent to deprive the original owner of the property. It does not matter how the property was appropriated or taken. Depriving an original owner of the property can happen in a number of ways. Someone else may intend to withhold the property either temporarily or permanently. It can also refer to disposing of the property so it is difficult for the original owner to retrieve it.
Another person’s property refers to any property any other person has interest in other than the defendant. However, property belonging to the spouse of the defendant, or to property the accused has an interest in, such as that which is jointly owned, is not included in the definition. A person cannot be charged with theft by taking if they have an interest in the property.
Penalties for Theft by Taking in DeKalb County
Theft by taking can be charged as either a misdemeanor or felony in DeKalb County. If the property taken had a value less than $1,500, the offense is generally classified as a misdemeanor, punishable by up to one year in jail, a maximum fine of $1,000, or both. If the property is valued between $1,500 and $5,000, the offense is classified as a felony, punishable between one and five years. In these cases, judges do have the discretion to handle the offense as a misdemeanor.
Judges have the discretion to treat theft by taking as a misdemeanor or felony when the property is valued between $5,000 and $25,000. These cases are punishable by one to ten years in jail. When property was valued at $25,000 or more, the offense is classified as a felony. A conviction can result in between 2 to 20 years.
Our DeKalb County Theft by Taking Lawyer Can Defend Your Case
The above is a brief overview of the offense of theft by taking but there are other important factors to consider. At The Spizman Firm, our theft by taking lawyer in DeKalb County can advise you of what these are, build the strong defense you need, and help you navigate the justice system so you have the best chance of a favorable outcome. Contact us to schedule a consultation and to learn more about how we can help.
