Theft by Receiving Arrest in Georgia

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

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

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

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.

Theft by Shoplifting in DeKalb County, Georgia

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 DeKalb 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 DeKalb 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 DeKalb 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 DeKalb

 

After arrest, a case file is created with the DeKalb County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within DeKalb 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 DeKalb 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, DeKalb 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.

 

 

 

 

 

Georgia Criminal Law – Theft by Shoplifting in DeKalb County

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 DeKalb 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 DeKalb 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 DeKalb 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 DeKalb

After arrest, a case file is created with the DeKalb County Solicitor General’s Office. They are responsible for prosecuting misdemeanor cases within DeKalb 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. In DeKalb, an unaccused case is represented by an “S” case number. It is important to note in DeKalb, unaccused cases are still scheduled for an arraignment date. If the case remains unaccused by the time arraignment is scheduled, the case will automatically be continued by the Clerk’s Office. If the case, however, is accused by the time of the arraignment date, the accused will be expected to appear in court and enter a plea to the charges. An experienced attorney should periodically check to see whether the case has been accused prior to arraignment.

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 DeKalb 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.” This is indicated by a “C” case number. 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, DeKalb 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.

Atlanta Georgia Criminal Law – Theft of Services

In Georgia, it is against the law to avoid payment of services, entertainment, accommodations, or the use of personal property. This is known as Theft of Services, found at O.C.G.A.  § 16-8-5.

Examples of Theft of Services include utilizing a cleaning or lawn care company, and then not paying. Other service examples could be legal services, hair styling services, or accounting services. Simply put, it is against the law to use someone’s services and then avoid payment. Theft of services in Georgia also includes theft of utility services like water and electricity. In that situation, you can be charged with numerous crimes for tampering with electric or water meters.

  In order for Theft of Services to be a criminal issue, thus potentially involving loss of liberty and a criminal history, the State must prove that the avoidance of payment was done by deception and with the intent to avoid the payment. Without deception and criminal intent, theft of services is more accurately defined as a civil or monetary legal issue, versus a criminal one. If the State is unable to prove deception or criminal intent to avoid the payment, there is a strong defense case for an acquittal. This is because civil courts are filled with people not paying other people back. In most instances, it is a contract issue. However, if there is the criminal intent to avoid payment and done so deceptively, the prosecuting attorney will bring the case to court.

So what is deception? Deception is defined in Georgia law for purposes of Theft of Services as providing knowingly false information to another with the intention to avoid payment. For example, Georgia law has held deception to be found when the suspect used a forged check to pay for lawn mower repair. In that situation, the State proved deception via the falsifying check as well as intention to avoid payment as the person never returned to make the payment.

What is the Punishment for Theft in Georgia?

  • If Theft of Services amount is:
    •  Less than $1,500: the maximum punishment is 12 months in jail and/or $1,000.
    • $1,500.01 – $5,000: 1 to 5 years imprisonment
    • $5,000.01 – $24,999.99: 1 to 10 years imprisonment
    • $25,000 or more: 2 to 20 years imprisonment

Note that there is increased punishment if the theft involved a fiduciary in breach of a fiduciary obligation. 

                So long as the amount of theft is less than $25,000, the trial court actually has discretion to treat it as a misdemeanor. Misdemeanors, if convicted, carry less harsh sentences. Misdemeanors also do not require the forfeiture of civil rights (i.e. to carry a firearm or sit on a jury).

                If you or a loved one has been arrested for Theft of Services, or any type of Theft case in Georgia, call us today for a FREE CONSULTATION at 404-581-0999.

Georgia Criminal Law – Theft by Conversion, or Embezzlement

A common element across all theft crimes is the act of taking, obtaining, converting, or appropriating the property of another. But, absent this similarity, several distinct theft crimes exist under the large umbrella of theft crimes generally, such as: theft by taking, theft by deception, fraud, and theft by shoplifting, robbery, and theft by conversion. This aims to explain the crime of theft by conversion (commonly referred to as “embezzlement”), the punishment, and defenses.

The Offense

Theft by conversion occurs when the defendant, after lawfully receiving funds from another under an agreement to make a specified application of them, knowingly puts the money to his own use in violation of the agreement. O.C.G.A. § 16-8-4(a).

The statute also contains a provision applying to government workers and officers of financial institutions, “[w]hen, under subsection (a) of this Code section, an officer or employee of a government or of a financial institution fails to pay on an account, upon lawful demand, from the funds or property of another held by him, he is presumed to have intended to convert the funds or property to his own use.” O.C.G.A. § 16-8-4(b). This section ensures government and banking actors will act wisely with money entrusted to them by the public.

The stated purpose of the theft by conversion statute is to punish and deter fraudulent conversion, not mere breaches of contract or broken promises. That being said, the terms of the agreement are critical in determining whether an accused converted funds of another from a directed purpose to his own use. 

What separates theft by conversion from other theft crimes is that in theft by conversion the person accused comes into possession of the property lawfully, whereas in other theft crimes, the person accused obtains property secretly and unlawfully. In theft by conversion there is some form of entrustment.

Case Examples

Evidence that defendant did not return nor continue making rental payments on two televisions was sufficient to support determination that defendant converted televisions to her own use; defendant violated rental agreements’ obligations to make payments or return televisions to rental center, defendant moved televisions to another address without center’s knowledge or consent in violation of agreements, and center’s owner testified that each television had a retail market value of $649.87.  Williams v. State, 328 Ga.App. 898 (2014).

Evidence that defendant failed to return rented wood chipper to store, lied to store regarding his address and phone number, and moved to another country and assumed an alias after store management swore out a warrant for his arrest was sufficient to establish that defendant acted with criminal intent, as required to support conviction for theft by conversion. Terrell v. State, 275 Ga.App. 501 (2005).

Evidence was insufficient to support conviction for theft by conversion, in prosecution arising out of incident in which customer left van with defendant, a mechanic, for repair and van was not returned; there was no evidence that mechanic drove the van, that he cannibalized it for spare parts, or that he used it for any other purposes, except to perform work upon it, there was no evidence that defendant did anything to conceal the whereabouts of the van from the customer or keep her from possessing it, there was no evidence that defendant had anything to do with eventual disposal of van, and defendant did not attempt to flee. Thomas v. State, 308 Ga.App. 331 (2011).

Interestingly, the theft by conversion statute has been held unconstitutional by the Supreme Court of Georgia. In Sherrod v. State, 280 Ga. 275 (2006), the Court held the mandatory presumption contained in statute setting forth offense of theft by conversion of leased property that proof that demand letter was properly sent to lessee and that property was not returned within five days established guilt of offense, was unconstitutional, as it subverted presumption of innocence accorded to accused persons and invaded truth-finding task assigned solely to fact-finder.  

Punishment

Whether theft by conversion will be punished as a misdemeanor or felony depends on the value of the money or property stolen. If the value is less than $500, the offense will be charged as a misdemeanor. If the value exceeds $500, the offense will be charged as a felony. Misdemeanor theft by conversion is punishable by up to 12 months in jail and a $1,000 fine, or both. Felony theft by conversion is punishable by no less than one year in prison and no more than ten years imprisonment. In addition to imprisonment and fines, the court may also impose restitution as part of the sentence.

If the property is not returned, the court will use the following guidelines to assess the value of the stolen goods:

  • The market value of the property, determined by obtaining a quote from a supplier who sells property of similar character and value (the higher value of the date the conversion occurred versus the value on the date of trial)
  • Rental charges; and
  • Interest on unpaid balances at the legal rates until the debtor pays the converted funds

Defenses

  • No intent: the State has to prove the accused person converted the property for their own use knowingly and with fraudulent intent. If there is not such intent, the person cannot be convicted.
  • Consent: if the property owner gave the accused person permission to convert the property for the accused person’s own use, evidence of consent (email, text, letter) would provide strong support for the defense.
  • The property was used as intended: evidence indicating the property was used in a way contemplated by the agreement would also strongly aid the defense of a theft by conversion charge. There must be an action or statement showing the person accused intended to claim or use the property as their own.
  • Value: the State must prove value at trial. If the weight of the evidence attempting to prove value, then an essential element of the charge has not been met, and the accused person cannot be convicted.
  • Returning the property is not a defense: the fact an embezzler settled their debt or default does not destroy the criminality of the act. McCoy v. State, 15 Ga. 205 (1854).

Contact Us

If you or someone you know has been arrested and charged with theft by conversion, contact the law firm of W. Scott Smith at 404.581.0999 for a free case evaluation. You’ll a local Atlanta attorney ready to aggressively fight on your behalf.

Theft by Receiving Stolen Firearm

  Under § OCGA 16-8-7, a person commits the offense of theft by receiving stolen property when he receives, disposes of, or retains stolen property which he knows or should know was stolen.” If the item in question is less than $1,500, it is a misdemeanor, meaning the maximum punishment that someone can receive is a year in jail and/or a $1,000 fine. If the item reportedly stolen and possessed is worth more than $1,500, then that person will be charged with a felony. The punishment in that situation can be anywhere from 1 to 10 years in prison.

What’s my defense for stolen firearm?

    If you or a loved one has been charged with this offense, know that there are defenses in Georgia law. Possession of stolen property, alone, will not warrant a criminal conviction that will be carried forever. The State must prove knowledge that the item was stolen.  This knowledge, however, can be inferred from the circumstances, specifically if the circumstances would create suspicion it was stolen in the mind of an ordinarily prudent person.

If the item in question is a firearm, the crime will automatically be charged as a felony carrying 1 to 5 years in prison if convicted. The good news is courts have ruled in defendants’ favor in various situations. For example, it is insufficient to prove the person knew the gun was stolen just because it was bought on the street at a reduced price. Additionally, even if the gun is labeled for Law Enforcement use, this too is also insufficient for a criminal conviction for this charge.        

We can help!

     The attorneys of W. Scott Smith have handled numerous Theft by Receiving charges all over the state of Georgia, many of which involved stolen firearms. Because this is a felony charge, it is imperative to have attorneys on your side familiar with the law and defenses.  Call us today with your questions on Theft by Receiving Stolen Firearm. We offer FREE CONSULTATIONS at 404-581-0999.

by Mary Agramonte

Robbery by Sudden Snatching

Robbery or Burglary?

It is not uncommon for people to use “robbery” and “burglary” interchangeably. For example, a person enters their home to discovery it’s been ransacked. They might exclaim, “I’ve been robbed!” That exclamation is inaccurate under Georgia law. In Georgia, that person is a victim of burglary, not robbery, because Georgia defines burglary as entering, or remaining in, a building without authority with the intent to commit a felony.

Robbery on the other hand contemplates taking property from the person or immediate presence of another with intent to commit theft. There are three types of robbery in Georgia: robbery by force, intimidation or threat of violence, and sudden snatching. I will review all three flavors in future blog posts, but for now let’s review sudden snatching.

Robbery by Snatching Scenario

When I think of robbery by sudden snatching, I picture an elderly woman walking along a city sidewalk with her purse. Suddenly, her purse is snatched off her shoulder by a swift offender. The offender does not use any force to take the purse from her; he merely snatches it off her person.

The lack of force employed to secure the purse highlights a key distinction between robbery by force and sudden snatching. If the elderly woman resisted and the offender used force by, say, pushing her to the ground to take her purse, then the offender committed robbery by force, not sudden snatching. Sudden snatching literally means taking the purse without any use of force.

A Key Distinction

Another key element of robbery by sudden snatching is that the victim must be conscious of the theft before it is completed. Say the elderly woman walking down the street does not realize the offender snatched her purse from her person, and only realizes her purse is missing when she attempts to pay the fee at her dry cleaners later that afternoon. As the offender’s attorney, I would argue the offender could not be prosecuted for robbery by sudden snatching because the victim was not aware of the theft when it happened. The offender may be guilty of theft by taking (because theft by taking does not require the victim to be conscious of the theft before it is completed), but he is not guilty of robbery by sudden snatching.

If you or someone you know has been charged with robbery contact our office today for a free consultation. We will be happy to walk through your goals and inform you of the various defenses that can be implemented for your case.

by Sarah Armstrong