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Theft Crime Defense
Theft by Shoplifting
The offense of Theft by Shoplifting is outlined in O.C.G.A. 16-8-14. A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:
(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;
(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;
(4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or
(5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.
The crime of Theft by Shoplifting is a misdemeanor under Georgia law if the value of the goods taken is less than $500. Value of the goods is the actual retail price in the store at the time the goods were taken.
If someone is accused of taking goods with a total value of $500 or more from multiple stores in a 7 day period within 1 county, or across the state of Georgia within a 180 day period, then their charge may be treated as a felony. A fourth lifetime shoplifting conviction will also be a felony offense no matter the value.
Theft by Taking
O.C.G.A. 16-8-2. A person commits the offense of theft by taking when he 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 the property is taken or appropriated.
Under Georgia law, the person who is charged with Theft by Taking has to be the person who actually takes the property from another. You cannot take property from a spouse or if you own the property jointly with another. To satisfy the law under theft by taking you must take the property intending to keep it, either permanently or temporarily; or hide or dispose of the property in a manner the owner would never be able to recover the property.
The value of the property taken is only important in determining punishment. Value can be calculated by either what the item is actually worth at the time it was taken, what the item was paid for (with proof), or other testimonial evidence. If the value of the property is less than $1,500 the charge will be a misdemeanor under Georgia law. Anything $1,500 or more or if the item taken is a firearm, then it is a felony offense.
Theft by Receiving Stolen Property
A person commits the offense of theft by receiving stolen property under Georgia law when “he receives, disposes of, or retains stolen property which he knows or should know was stolen unless the property is received, disposed of, or retained with intent to restore it to the owner. "Receiving" means acquiring possession or control or lending on the security of the property.” O.C.G.A. 16-8-7.
To be convicted of theft by receiving, it must be established that you had knowledge the goods were stolen. This can be proven by direct or circumstantial evidence. This may include paying for goods at a large discount. A person who is the original taker of the property cannot be convicted of theft by receiving. Much like theft by taking, the value of the property taken is only important in determining punishment. Value can be calculated by either what the item is actually worth at the time it was taken, what the item was paid for (with proof), or other testimonial evidence. If the value of the property is less than $1,500 the charge will be a misdemeanor under Georgia law. Anything $1,500 or more or if the item taken is a firearm, then it is a felony offense.
Theft by Conversion
O.C.G.A. 16-8-4. A person commits the offense of theft by conversion when, having lawfully obtained funds or other property of another including, but not limited to, leased or rented personal property, under an agreement or other known legal obligation to make a specified application of such funds or a specified disposition of such property, he knowingly converts the funds or property to his own use in violation of the agreement or legal obligation. This Code section applies whether the application or disposition is to be made from the funds or property of another or from the accused's own funds or property in equivalent amount when the agreement contemplates that the accused may deal with the funds or property of another as his own.
Theft by conversion begins with a lawful acquisition of funds or property. But at some point those funds or property are taken in a manner where the taker no longer is going to keep up their end of the agreement with the other party. Those items have been converted to the taker’s property, and that is a crime under Georgia law. To establish theft by conversion you have to prove the taker intended to convert the property to their own.
Like other theft crimes, the value of the property taken is only important in determining punishment. Value can be calculated by either what the item is actually worth at the time it was taken, what the item was paid for (with proof), or other testimonial evidence. If the value of the property is less than $1,500 the charge will be a misdemeanor under Georgia law. Anything $1,500 or more or if the item taken is a firearm, then it is a felony offense.
Theft by Deception
A person commits the offense of theft by deception in Georgia when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. 16-8-3.
Deceives is defined under the law as 1) 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; 2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed; 3) Prevents another from acquiring information pertinent to the disposition of the property involved; 4) 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; or 5) 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 subsection, and value must be established to be prosecuted.
Criminal intent requires the intent to defraud. If items taken through deception are valued at les than $1,500, than the crime will be charged as a misdemeanor. $1,500 or greater, felony.
Robbery
Robbery charges in Georgia are “theft plus” charges. A person commits the offense of robbery when, with intent to commit theft, he takes property of another from the person or the immediate presence of another:
By use of force;
By intimidation, by the use of threat or coercion, or by placing such person in fear of immediate serious bodily injury to himself or to another; or
By sudden snatching.
Under Georgia law, use of force means actual physical force. It does not necessarily mean physical violence but does mean there has to be some sort of struggle or resistance to obtain the items. Intimidation is much like the difference between assault and battery under Georgia law. Intimidation just means the threat of force or violence, which does not have to involve anything more than words. Sudden snatching is the taking of an item from someone’s person or immediate presence without any force, intimidation, struggle, or resistance. Robbery is a felony under Georgia law, punished by 1 to 20 years in prison.