Theft by taking occurs when an individual unlawfully takes property belonging to another person with the intent to deprive the owner of that property. Under O.C.G.A. § 16-8-2, theft by taking is established when a person unlawfully takes or exercises control over the property of another with the requisite intent to deprive the owner of the property.

For purposes of the statute, “deprive” includes withholding another person’s property either permanently or temporarily, or disposing of the property in a manner that makes it unlikely that the owner will recover it. The value of the property does not determine whether the underlying conduct constitutes theft by taking; rather, the value is relevant primarily to the classification of the offense and the potential sentence.

If the value of the property is less than $1,500.00, the offense is generally charged as a misdemeanor, which may carry a sentence of up to 12 months of confinement. If the value is between $1,500.01 and $5,000.00, the offense is charged as a felony and may carry a sentence of up to five years of confinement. If the property is valued between $5,000.01 and $25,000.00, the offense is charged as a felony and may carry a sentence of up to ten years of confinement. For property valued at more than $25,000.00, the potential sentence may be up to 20 years of confinement.

Our attorneys have experience handling theft cases and are available to provide a free consultation. Call us today at 404-581-0999 to schedule an appointment and discuss your case as soon as possible.