Theft charges can arise in several different ways, but the two most common are theft by taking and theft by receiving stolen property.

Theft By Taking

Theft by taking occurs when a person is accused of unlawfully taking property that belongs to another person with the intent to deprive that other person of their property. Theft by taking is defined by statute in O.C.G.A. §16-8-2. “Deprive” means to withhold property of another permanently or temporarily or to dispose of the property to make it unlikely that the owner will recover it. The value of the property is only important when it comes to sentencing.

If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

Theft By Receiving Stolen Property

Theft by receiving stolen property occurs when a person receives, disposes of, or retains property that a person knows or should know is stolen. Knowledge is a required element of theft by receiving. This means that the government must prove that the person they are charging knew that the property was stolen.

Just like theft by taking, the value of the property determines the potential sentencing. If the value of the property is less than $1,500.00, the case will be charged as a misdemeanor, and a person could be sentenced up to 12 months in custody. If the value of the property is $1,500.01 to $5,000.00, the case will be charged as a felony, and a person could be sentenced up to 5 years in custody. If the value of the property is $5,000.01 to $25,000.00, the case will be charged as a felony, and a person could be sentenced up to 10 years in custody. For property valued over $25,000, the potential sentence is 20 years in custody.

As you can see, theft charges can carry serious penalties. It is important to hire an experienced attorney if you are facing theft charges in Fulton County. The lawyers at W. Scott Smith, PC can review the evidence in your case and determine the best strategy for defending the case. Call our office at 404-581-0999 today for a free consultation.