Gwinnett County Theft by Taking Lawyer
Theft is one of the most common property-related crimes. Many defendants face theft charges over simple misunderstandings, while others have a right to the property in question. Call The Spizman Firm if you have recently been charged with theft. Our firm wants to know the specific circumstances surrounding the arrest, including the value of the property allegedly stolen. We can then determine the best way to resolve the case, including whether to seek a plea deal or fight for an acquittal. Contact us to schedule a free consultation with a Gwinnett County theft by taking lawyer.
How Serious is Theft By Taking?
Under Georgia law, theft consists of taking another person’s property with the intent of depriving them of it. This is a serious charge, but the penalties depend on the value of what was taken:
- Up to $500. A misdemeanor which can result in a $1,000 fine and a maximum 12 months in jail.
- More than $500 but under $25,000. Now you are facing felony charges. The punishment is 1-10 years in prison.
- $25,000 or more. Because this is a more serious felony, defendants can face 2-20 years in prison.
Felony convictions result in other legal disabilities, including the loss of certain civil rights. We can go over what you are facing in a consultation.
Common Defenses to Theft Crimes in Georgia
This is a complicated criminal charge, and the state needs to prove several elements to convict you, including your intent to keep the property. As always, the state has the burden of proving guilt beyond a reasonable doubt, which is a high standard. Conflicting testimony or ambiguous evidence is usually not sufficient.
Some of the best defenses to theft charges include:
- You owned the property. It’s not theft if you owned the property or had licensed it. In that case, you are entitled to it.
- You did not intend to deprive the owner of the property. For example, you might have temporarily borrowed some item, or it was accidentally destroyed or lost.
- Someone else took the property. This is essentially an argument that reasonable doubt exists that you were the thief.
We can also review police actions during the investigation. An officer could have entered your property without permission or without a valid warrant. Any items found could be suppressed—meaning, a judge will not let the state introduce the evidence at trial. We could then seek dismissal of charges or an acquittal.
Theft Charges Deserve a Strong Response
Anyone charged with theft should quickly reach out to The Spizman Firm to discuss the circumstances surrounding the alleged offense. A lawyer can provide the best service when given sufficient time to fully analyze all the facts. We can follow up and search for useful evidence, such as proof you were granted permission to borrow the property or evidence that you were not involved in any way. Call us or submit information online to meet with a Gwinnett County theft by taking lawyer today.
