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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 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 Deception

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What is Theft by Deception?

In Georgia, a person commits Theft by Deception when the obtain property by any deceitful means or artful practice with the intention of depriving the owner of said property. At trial, the state must prove beyond a reasonable doubt that the accused intended to deceive. According to the statute intentional deception is demonstrated when the accused:

  1. Creates or confirms false impressions, which he knows or believes to be false; or,
  2. Fails to correct false impression previously created or confirmed
  3. Prevents another from acquiring information pertinent to disposition of property; or,
  4. Sells, transfers, or encumbers property intentionally failing to disclose a legal impediment that is or is not a matter of official record, or,
  5. Promises performance of services, which he does not perform and/or knows will not be performed.

In plain language, a person commits theft by deception when they get property (or money) from someone by deceiving them. Here’s a scenario to illustrate:

An Example

You’re in the market for a grandfather clock for your living room. You see one for sale on craigslist and reach out to the seller. You and the seller strike a deal for the clock. You send him the money via PayPal and go to the seller’s antique store to pick up the clock. When you arrive, you’re informed that the clock is not for sale. In fact, the clock does not even belong to the seller. Here, the seller acquired money from you by deceiving you into believing the clock was his to sell.

An Alternative Example

On the flip side, let’s say you’re the seller in this scenario. You, the seller, and your brother sell antiques out of the store. You’re brother purchased the grandfather clock and put it in the store. So, you assumed your brother wanted to sell the clock pursuant to your antique business. Turns out you sold a clock he did not want to sell. Your defense in this scenario is that you, the accused seller, did not intend to deceive the clock’s buyer because you genuinely thought the clock was for sale by your antique-selling partner.

 The moral of the story here is to always make sure that if you sell something that was procured by someone else, make sure that person actually want to sell it before you sell it to a customer. Otherwise, you might face charges for theft by deception.

If you or someone you know has been charged with theft by deception or any other theft charge contact our office today for a free consultation.

by Sarah Armstrong