Theft by Taking

Being charged with theft by taking can have serious repercussions for your life. In Georgia, depending on the value of property involved, you could face severe penalties ranging from misdemeanor charges to felony consequences including lengthy prison sentences, substantial fines, and a permanent criminal record. Don't navigate these complex charges without experienced legal representation.

Understanding Georgia Theft by Taking Laws

In Georgia, theft by taking is defined under O.C.G.A. § 16-8-2 as when a person "unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property." This charge encompasses several scenarios:

  • Taking someone else's property without permission

  • Being entrusted with property and then unlawfully keeping it

  • Taking or appropriating property with intent to deprive the owner

  • Temporary or permanent deprivation of property

Take action today with an experienced defense attorney who understands how to challenge the prosecution's evidence in a theft by taking case.

Theft by Taking Penalties in Georgia Can Be Severe

Property Value Classification Potential Punishment
≤ $1,500 Misdemeanor Up to 12 months in jail and/or a fine up to $1,000
$1,500.01 - $5,000 Felony 1-5 years imprisonment (judge may sentence as misdemeanor)
$5,001 - $25,000 Felony 1-10 years imprisonment (judge may sentence as misdemeanor)
> $25,000 Felony 2-20 years imprisonment
3rd or Subsequent Conviction (any value) Felony 1-5 years imprisonment (judge may sentence as misdemeanor)

The Hidden Consequences of a Theft by Taking Conviction

Many people underestimate how a theft conviction can affect their lives long after any sentence is complete:

Employment Impact

Theft is considered a "crime of moral turpitude" in Georgia. Many employers are reluctant to hire individuals with theft convictions, especially in positions involving financial responsibility, inventory management, or cash handling.

Professional Licensing

Professional licenses for realtors, accountants, healthcare workers, insurance agents, and many other professions can be denied or revoked based on theft convictions.

Housing Difficulties

Landlords often conduct background checks and may reject applicants with theft convictions, making it difficult to secure housing.

Immigration Consequences

For non-citizens, a theft conviction may be considered a "crime involving moral turpitude," potentially affecting immigration status, visa renewals, or naturalization eligibility.

Record Restriction Limitations

While some convictions can be restricted from your record after a waiting period, this process isn't automatic and doesn't apply in all situations.

Don't let a DUI charge define your future. Get experienced legal help now.

Our Defense Strategies Include:

  • Challenging intent: Theft by taking requires intent to deprive the owner of property. We investigate whether your actions were accidental, based on misunderstanding, or without criminal intent.

  • Honest claim of right: We can explore whether you had a genuine belief that you had a legal right to the property.

  • Examining evidence: We scrutinize all evidence, witness statements, and police procedures for inconsistencies or violations of your rights.

  • Exploring diversion programs: First-time offenders may qualify for programs that can prevent a conviction from appearing on your record.

  • Negotiating reduced charges: When appropriate, we work to reduce charges or penalties.

  • Preparing a strong defense: If your case goes to trial, we build a compelling defense strategy based on Georgia case law and precedents.

Frequently Asked Questions

  • Yes, charges can sometimes be dropped or dismissed based on lack of evidence, procedural issues, or through participation in diversion programs.

  • Absolutely. Even first-time charges can result in jail time and create a permanent criminal record. An experienced attorney can often negotiate better outcomes and protect your rights.

  • Intent is a key element of theft by taking in Georgia. If you genuinely intended to return the property, we can build a defense around the lack of criminal intent.

  • Without proper legal intervention, a theft conviction can remain on your record permanently, affecting employment, housing, and other opportunities.

Client Reviews

  • Mr. Parsons was absolutely amazing! He was very thorough with my son and explained in great detail to us about what we can expect. Everything from the good, bad and the ugly. He was also great at following up. He called when he said he would call and emailed when he said he would. He never minded repeating what he said he wanted to be sure you understood and were comfortable with your decsion. He also NEVER made you feel rushed. I would highly recommend Mr. Parsons. He made our challenging situation go very smooth.

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  • Mr. Parsons is just amazing. He took a very stressful moment, to one of hope. He assisted my son when he was in a situation that seemed hopeless. He is thorough, calls when he says he will call, follows up, explains everything in plain English that is easy to understand. He worked with us as well. Thank you Mr. Parsons.

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