Theft by Deception in Fulton County

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Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Fulton County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

Theft by Deception in Dekalb County

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Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Dekalb County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

Theft by Deception in Gwinnett County

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Theft by deception is a charge that is defined in O.C.G.A. 16-8-3. Theft by deception occurs when a person “obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property”. The statute goes on to explain that a person deceives if he intentionally:

  • Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false
  • Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed
  • Prevents another from acquiring information pertinent to the disposition of the property involved
  • Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record
  • Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this statute.

The potential punishment following a conviction for theft by deception depends on the value of the property that was the subject of the theft. If the value of the property was more than $24,999.99, the possible punishment is 2 to 20 years in prison. If the value of the property is $5,000.00 to $24,999.99, the possible punishment is 1 to 10 years in prison. If the value of the property was $1,500.01 to $5,000.00, the possible punishment is 1 to 5 years in prison. If a person is convicted of a third offense of theft by deception, an individual is automatically convicted of a felony and may face 1 to 5 years in custody.

As you can see, the potential punishment for theft by deception is serious. However, there are defenses!  For example, if the state cannot prove that there was intent to deceive another person, an individual cannot be convicted of theft by deception. If you are charged with theft by deception in Gwinnett County, it is very important that you are represented by a lawyer experienced in handling cases like these. The lawyers at W. Scott Smith work tirelessly to zealously defend their clients. Call our office today at 404-581-0999 for a free consultation.

Theft by Receiving Stolen Property in Fulton County

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A person commits the offense of theft by receiving stolen property when s/he receives, disposes of, or retains stolen property which s/he knows or should have known was stolen unless the property is received, disposed of, or retained with the intent to restore it to the owner. “Receiving” means acquiring possession or control or lending on the security of the property.  OCGA § 16-8-7. Guns and cars are the most common property associated with theft by receiving stolen property charges.

In order to sustain a conviction for theft by receiving the state is required to prove beyond a reasonable doubt that the accused KNEW the property was stolen. That knowledge can be inferred (i.e. should have known) by circumstances that would be suspicious to an ordinary prudent person. For example, if you buy a brand-new Mercedes G Wagon for $5,000 and it turns out to be stolen, a jury is authorized to believe you knew it was stolen. It would be unreasonable to the average person that a brand-new car that normally costs upwards of $200,000 would be sold for $5,000. Now if we are talking about a Nissan Ultima, that $5,000 price cannot show knowledge that it was stolen because the price is reasonable. Certain damage to a vehicle, like a broken steering column or the locks being punched out, can also imply the necessary knowledge. It is much more difficult for the state to prove knowledge of a stolen gun. The Georgia appellate courts have found that purchasing a gun on the street at a reduced price or the gun being labeled “for law enforcement use” is not enough but it can be shown if the serial number has been filed off.

If you or a loved one has been charged with theft by receiving stolen property, give us a call for a free consultation.

My loved one has been arrested for a felony in Fulton County, what happens now?

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Everyone arrested for a felony within Fulton County will be taken to the Fulton County Jail or Rice Street to be booked in. After someone is booked, they will be scheduled for First Appearance, typically the next day. The purpose of First Appearance is to inform you of the charges and set a bond. First Appearance is heard by a Magistrate Court judge.

There are four factors that the judge will consider when setting or denying a bond. The factors are that the accused 1) is not a risk of fleeing the jurisdiction or failing to appear in court, 2) doesn’t pose a significant danger to any person or the community, 3) isn’t a risk of committing a new felony, and 4) is not a threat to intimidate witnesses or otherwise obstruct justice. The judge will also take the person’s criminal history, any history of failing to appear in court, and the nature of the allegations into account when considering bond. Bond may be denied based on the type of charge. There are certain crimes – e.g. murder, armed robbery, sex crimes, etc. – that can only be heard by a Superior Court judge.

If bond was denied and your loved one is still incarcerated, they are entitled to a preliminary or probable cause hearing. This is when the State has to bring witnesses to prove the allegations by a probable cause standard or that there is a reasonable belief that the accused committed the alleged act. It is very important to have an experienced advocate to cross-examine and challenge the State’s witnesses and evidence.

If your loved one has been arrested for a felony in Fulton County, please give us a call at 404-581-0999 for a free consultation.

Theft by Shoplifting Charge in Cobb County, Georgia

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A shoplifting conviction is no small matter. It will negatively impact your ability to gain employment, apply for housing, and it will permanently remain on your criminal record. It is critical you contact an experienced attorney to investigate the facts, prepare legal challenges and defenses, and mitigate possible punishment. Our firm routinely handles shoplifting cases in Cobb County State Court. This article means to explain the nature of shoplifting under Georgia law, the possible punishment, and how these matters are specifically handled in Cobb County.

 

The Offense

 

Under O.C.G.A § 16-8-14, the offense of theft by shoplifting occurs when a person has the intent to either appropriate merchandise without paying for it or deprive the owner of possession of the merchandise or of its value AND:

 

  • Takes possession of or conceals the goods or merchandise of a store or retail establishment;
  • Alters the price marked on the goods or merchandise of a store or retail establishment;
  • Transfers the goods or merchandise of a store or retail establishment from its original box or container to another one;
  • Switches the price tag or label from one merchandise item with the price tag or label from another merchandise item; or
  • Wrongfully causes the amount paid for an item to be less than the merchant’s state price for the item

 

Arrest, formal criminal charges, and aggressive prosecution are all possibilities if you engage in the above conduct.

 

Punishment

 

The penalties for shoplifting in Cobb County depend on the “value” of the property taken. A first shoplifting conviction involving the theft of merchandise valued at $500 or less is a misdemeanor. This is punishable by a fine up to $1,000 and incarceration for up to 12 months in jail, or both. Shoplifting offenses involving the theft of merchandise worth more than $500 are deemed felonies and can be punished by imprisonment for as long as ten years, depending on the total value of merchandise stolen.

 

It is important to note that a fourth or subsequent conviction for shoplifting is punished as a felony even though the prior convictions were all for misdemeanor shoplifting. Fourth or subsequent convictions are punishable by a prison sentence of one to ten years.

 

 

In addition to jail time and a fine, punishment may also include a psychological evaluation and treatment at their own expense, shoplifting seminars, community service, and restitution for the value of the property taken (if not returned).

 

How it Works in Cobb

 

After arrest, a case file is created with the Cobb County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within Cobb County. At first, the case will be “unaccused.” This simply means that no accusation has yet been filed on the case. An accusation is the official charging document for misdemeanors in Georgia. It is intended to provide notice to the accused of the charges, the dates of the offense, and information sufficient to place the defendant on notice of how to defend the case.

 

It is possible to resolve a theft by shoplifting charge prior to the filing of an accusation. Attorneys should contact the Solicitor General’s Office to see if they are eligible to be admitted into the Cobb County Pre-Trial Diversion Program. If the accused successfully completes the diversion program, their charges will be dismissed with their records restricted.

 

Once a prosecutor reviews the file and believes there is at least probable cause to proceed upon, the accusation is filed and the case is formally “accused.” If accused and not eligible for diversion, the accused must begin preparing their case for a possible trial, subject to reaching a plea negotiation with the prosecutor. This includes investigating the case and gathering evidence. In our experience, Cobb County prosecutors are largely unwilling to outright dismiss shoplifting charges. Therefore, defendants are typically confronted with deciding whether to take a no jail time plea deal to shoplifting or proceed to trial.

 

Contact Us

 

Being charged with Theft By Shoplifting can be a stressful event in anyone’s life.  At the Law Offices of W. Scott Smith, our lawyers are trained to explore the legal issues with every shoplifting case.  We are aware of all the possible options available to avoid jail time and to protect your criminal history and ultimately your privacy.   If you or a loved one has been charged with shoplifting, please contact our office today at 404-581-0999 for a free consultation.

 

 

 

 

 

Theft by Receiving Arrest in Georgia

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Georgia law has two different statutes that address the crime of theft by receiving. The first section defines the offense of receiving stolen property while the second Georgia statute describes receiving property that was stolen from another state.

The first statute describing the crime of theft by receiving is transcribed in O.C.G.A. § 16-8-7. In this section, theft by receiving occurs when a person receives, disposes of, or retains stolen property, which he/she knows or should have known was stolen unless the property is received, disposed of, or retained with the intent to restore it to the rightful owner.

In order for the prosecution to convict a person of theft by receiving, it must prove beyond a reasonable doubt the following four elements. These elements include:

  • The accused bought or received the goods in question;
  • The goods in question have been stolen by some person other than the accused;
  • At the time of the transaction, the accused knew or should have known that the goods in question were stolen; and
  • The accused acted with criminal intent.

Therefore, if the direct and uncontested evidence proves that the accused is the original thief of the goods in question then the accused cannot be convicted of theft by receiving. Furthermore, even if the accused is not certain, but has reason to believe that the goods in question are stolen, the accused may have committed theft by receiving according to Georgia law.

The second section regarding the crime of theft by receiving is described in O.C.G.A. § 16-8-8. This statute is read in the same manner as O.C.G.A. § 16-8-7, except for the fact that the property in question was received, disposed of, or retained in another state other than the state of Georgia.

Value of Goods

In determining whether the theft by receiving charge will be characterized as a misdemeanor or a felony depends on the value of the goods/property, which were allegedly stolen, and then received by the accused. For misdemeanor theft by receiving convictions, usually the value of the goods in question must be estimated at a value less than $1,500. For a felony conviction, the goods in question must at least be valued at $1,500 or more. However, if the value of the goods is estimated at more than $1,500, but less than $5,000, the judge has discretion in sentencing the accused to either a misdemeanor or a felony. This is also true for theft by receiving offenses in which the value of the goods is at least $5,000, but less than $25,000.

Contact Us

Due to the severity of the punishment for a theft by receiving conviction, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by receiving, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by receiving, please call our office today at 404-581-0999 for a free consultation.

Theft by Conversion Arrest in Georgia

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In Georgia, like other theft offenses, a theft by conversion charge can be prosecuted as a misdemeanor or a felony, depending on the value of the property converted. According to § O.C.G.A. 16-8-4, theft by conversion occurs when a person lawfully obtains another individual’s funds or property and then unlawfully converts such property to his/her own use.

In order to convict an accused for theft by conversion, the elements of the offense must be proven by the prosecution beyond a reasonable doubt:

  • The accused lawfully obtained funds or property of another;
  • The funds or property were obtained by an agreement between the accused and the owner;
  • The agreement required that the accused used the funds/property for a particular purpose;
  • However, instead, the accused knowingly converted the property for his/her own use.

Value of Property

In determining whether the theft by conversion charge will be characterized as a misdemeanor or a felony depends on the value of the property converted. In Georgia, funds or property valued at less than $500 are generally charged as misdemeanors. Alternatively, if the property in question is valued at a price greater than $500, the prosecution may file felony charges against the accused.

In these types of cases, the value of the property is determined by properly measuring the fair cash market value either at the time and place of the alleged theft or any stage during the receipt or concealment of the property in question.

Defenses

An experienced criminal defense attorney can assert affirmative defenses to either request a reduction in the penalties of a theft by conversion conviction or receive a dismissal of all charges. Thus, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations.

Such affirmative defenses include, but are not limited to:

  • Lack of intent;
  • Consent;
  • Accused used the property as intended;
  • Innocence;
  • Intoxication, if it negates intent;
  • Charges should be reduced, because the property value was less than the prosecution alleged.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by conversion, as well as all possible options for an accused dealing with such a serious offense. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by conversion, please call our office today at 404-581-0999 for a free consultation.

Theft by Deception Arrest in Georgia

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According to § O.C.G.A. 16-8-3, theft by deception occurs when a person obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. However, deceitful means does not include statements of exaggeration that are unlikely to deceive the rightful owner or false statements as to matters that have little to no financial significance.

Some examples of theft by deception include, but are not limited to:

  • Billing someone for a job that an accused did not complete;
  • Making false statements to persuade the rightful owner to let the accused take their property;
  • Selling property when the accused knew that there was a lien/ some other loan attached to it.

Value of Property

In determining whether the theft by deception charge will be characterized as a misdemeanor or a felony depends on the value of the property stolen. In Georgia, goods or property valued at less than $500 are generally charged as misdemeanors. Alternatively, if the property or goods in question are valued at a price greater than $500, the prosecution may file felony charges against the accused.

Defenses

An experienced criminal defense attorney can assert affirmative defenses to either request a reduction in the penalties of a theft by deception conviction or receive a dismissal of all charges. Thus, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations.

Some affirmative defenses to theft by deception include, but are not limited to:

  • Actual innocence;
  • Lack of intent;
  • Future payment: In Elliott v. State, 149 Ga. App. 579 (1979), the court found that the accused could not be convicted for theft by deception when he arranged to pay for the goods in question by making a promise to the rightful owner of future payment. The court found that there was no theft by deception, because there was no false representation made, the accused made a good faith promise of future payment;
  • Charges should be reduced, because the property value was less than the prosecution alleged;
  • Continuous criminal act: if the prosecution alleges that multiple items were stolen; an experienced criminal defense attorney could instead argue that the string of thefts constituted only one continuous crime. This would reduce the number of counts of theft that the State of Georgia has brought forward against the accused, and likely, will reduce the sentencing of such a charge.

Contact Us

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by deception, as well as all possible options for an accused dealing with such a serious offense. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by deception, please call our office today at 404-581-0999 for a free consultation.

Theft by Taking Arrest in Georgia

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In Georgia, a theft charge can encompass either misdemeanor or felony penalties, depending on the value of the goods or property in question. If you have been arrested for theft, you could be charged with any of the following: theft by taking, theft by deception, theft by conversion, theft by shoplifting, and so on. However, the most commonly charged theft that appears in Georgia is theft by taking. According to O.C.G.A. § 16-8-2, theft by taking occurs 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, regardless of the manner in which property is taken or appropriated. Typically, this occurs when the property is taken without the knowledge of the victim at the time of the alleged offense.

Value of Goods

In determining whether the theft by taking charge will be characterized as a misdemeanor or a felony depends on the value of the goods/property, which were allegedly stolen, taken, and/or appropriated. Property or goods valued at less than $500 are generally charged as misdemeanors. Alternatively, if the goods in question are valued at a price greater than $500, the State of Georgia could charge you with a felony offense.

Penalties

In misdemeanor theft by taking cases, a conviction could result in no more than a year in jail and a $1,000 fine. However, following a felony theft by taking conviction, a judge could sentence you between 1-10 years in prison.

Due to the severity of the punishment for a theft by taking conviction, it is vitally important to hire a seasoned criminal defense attorney to defend you against such allegations. An experienced criminal defense attorney can defend these allegations by either getting the charges dismissed by bringing forth defenses to such allegations or requesting a reduction in the penalty of such charges.

Defenses

Here are some common defenses for theft by taking cases in Georgia:

  • There was no theft;
  • Acted under an honest claim of right or ownership of property;
  • Charge should be reduced depending on the value of the goods and amount taken;
  • There was no intent to steal;
  • The accused was unaware that the property was of another;
  • The intention was to borrow the item, not to steal it;
  • Intoxication, if it negates the intent element.

At the Law Offices of W. Scott Smith, our lawyers are trained to know all affirmative defenses for the offense of theft by taking, as well as all possible options for an accused dealing with such a serious charge. We are experienced and skilled at defending such allegations and we work tirelessly to advocate for our clients and their constitutional rights. Therefore, if you or a loved one has been arrested for theft by taking, please call our office today at 404-581-0999 for a free consultation.