Defenses To Theft Charges In Marietta
As a Marietta criminal defense attorney, I’ve seen how a single misunderstanding, accusation, or mistake can lead to serious theft charges. Georgia law treats theft offenses very seriously, and the consequences can impact employment, housing, and reputation for years. However, being accused of theft does not mean a conviction is inevitable. Every case has facts, and every client has a story. My role is to protect the accused, challenge the state’s evidence, and pursue the best possible outcome under Georgia law.
In Cobb County, prosecutors aggressively pursue theft cases—whether they involve shoplifting, employee theft, or more complex property crimes. The key to a strong defense often lies in understanding how the law defines theft and identifying the weaknesses in the prosecution’s case. Under O.C.G.A. § 16-8-2, theft by taking occurs when a person unlawfully takes or appropriates the property of another with the intent to deprive that person of it. However, proving “intent to deprive” is not always simple.
Understanding Theft Charges Under Georgia Law
Georgia recognizes several different types of theft offenses, each with specific elements the prosecution must prove. These include:
- Theft by Taking (O.C.G.A. § 16-8-2) – Taking property unlawfully or without authority.
- Theft by Deception (O.C.G.A. § 16-8-3) – Using false statements or deceit to obtain property.
- Theft by Conversion (O.C.G.A. § 16-8-4) – Lawfully obtaining property but then converting it to personal use without permission.
- Theft of Services (O.C.G.A. § 16-8-5) – Intentionally avoiding payment for services received.
- Shoplifting (O.C.G.A. § 16-8-14) – Concealing or altering merchandise in a store with the intent to take it without paying.
Each charge requires proof of both act and intent. That means the prosecution must show that the defendant knowingly and intentionally deprived another person of property or value. Without clear evidence of intent, a theft charge can often be challenged or even dismissed.
Lack Of Intent As A Defense
One of the most effective defenses against theft charges in Georgia involves the issue of intent. The law requires that the accused acted with the purpose of depriving someone else of property. If the item was borrowed, picked up by mistake, or the accused believed in good faith they had a right to the property, the charge may not hold.
For example, suppose a person removes a tool from a job site, believing it belongs to them. Even though the owner reports it as stolen, the lack of criminal intent can prevent a theft conviction. Under O.C.G.A. § 16-2-1, criminal intent must be proven beyond a reasonable doubt.
Consent Or Authorization
If the property owner gave permission—explicitly or impliedly—to use or possess the property, there is no theft. Proving consent can completely undermine the prosecution’s case. Text messages, emails, or witness testimony showing prior permission can all be key evidence in establishing this defense.
In many cases, disputes over property are civil matters, not criminal. A disagreement over ownership does not automatically make it theft. Demonstrating that an honest misunderstanding occurred can protect the accused from criminal liability.
Mistaken Identity Or False Accusation
Theft charges are sometimes built on shaky eyewitness testimony or incomplete surveillance footage. Mistaken identity is a very real issue in retail theft and property-related crimes. Under Georgia Rules of Evidence (O.C.G.A. § 24-4-401), the prosecution must present relevant, credible evidence proving the accused’s involvement.
A skilled defense attorney can challenge identification procedures, cross-examine witnesses, and introduce evidence that points to another possible suspect or explanation. If the accused was misidentified or falsely accused by someone with a motive to lie, the case may be dismissed entirely.
Insufficient Evidence
In criminal cases, the prosecution carries the burden of proof. That means they must prove every element of the crime beyond a reasonable doubt. In theft cases, this includes proving ownership of the property, a lack of consent, intent to deprive, and the value of the property.
At The Mazloom Law Firm, LLC, I frequently encounter cases where the prosecution’s evidence is weak or incomplete, often due to missing security footage, inconsistent witness statements, or property that was never clearly identified as stolen. Highlighting these weaknesses can lead to reduced charges or even full acquittal.
Entrapment Or Police Misconduct
If law enforcement officers induce the accused to commit theft that they would not have committed otherwise, this could constitute entrapment under O.C.G.A. § 16-3-25. Similarly, if police violated constitutional rights during search, seizure, or questioning, any evidence obtained may be inadmissible in court under the Fourth Amendment.
An experienced defense lawyer examines every aspect of the case—from the initial stop or arrest to the collection of evidence—to identify any potential violations that could lead to suppression or dismissal.
Value Disputes And Charge Reduction
The value of stolen property determines whether the offense is charged as a misdemeanor or a felony. Under O.C.G.A. § 16-8-12, theft involving property worth $1,500 or less is generally classified as a misdemeanor, while amounts exceeding that threshold can result in felony charges and potential prison time.
Challenging the valuation of the property can sometimes reduce the charge. For instance, if the prosecution overestimates the value, an experienced attorney can use receipts, appraisals, or depreciation records to establish a lower amount—potentially resulting in a lesser penalty.
Defending A Theft Case Requires Experience And Strategy
Every theft case is different. Some can be resolved through negotiation or pretrial diversion programs, while others require aggressive courtroom defense. My approach as a Marietta criminal defense attorney is to build a defense tailored to each client’s situation—examining evidence, identifying errors, and fighting for fair treatment under Georgia law.
At The Mazloom Law Firm, LLC, we don’t rely on assumptions or guesswork. We investigate every detail, question every witness, and hold prosecutors to their burden of proof. The goal is always to protect our clients’ rights and their future.
Frequently Asked Questions About Georgia Theft Charges
What Is The Difference Between Theft By Taking And Theft By Deception In Georgia?
Theft by taking involves physically taking property without permission, while theft by deception involves obtaining property through lies or deceit. Both fall under O.C.G.A. § 16-8, but the evidence and intent requirements differ.
Can Theft Be Charged As A Felony In Georgia?
Yes. Theft is a felony if the value of the property exceeds $1,500, involves a firearm, or is taken from an elderly or disabled person. Felony theft can result in up to 10 years in prison.
Is It Possible To Avoid Jail Time For A First-Time Theft Offense?
In many cases, yes. First-time offenders may be eligible for pretrial diversion or probation. With strong representation, it’s often possible to avoid incarceration and keep a criminal record clean.
What Should Someone Do If Accused Of Shoplifting?
It’s important not to admit guilt or sign any statements without legal counsel. A defense attorney can review the evidence, negotiate with prosecutors, and determine whether the case can be dismissed or reduced.
Can Property Disputes Between Friends Or Family Be Considered Theft?
Not necessarily. If both parties have a legitimate claim to the property, the matter is often civil, not criminal. Demonstrating ownership or prior consent can prevent a theft conviction.
How Long Does A Theft Conviction Stay On A Record In Georgia?
A theft conviction generally remains permanent unless it’s eligible for restriction or pardon. Under O.C.G.A. § 35-3-37, certain nonviolent offenses may qualify for record restriction after a specific period.
Does The Victim Have To Testify For The Case To Proceed?
No. The prosecution can move forward even if the alleged victim does not testify, as long as they have other admissible evidence. However, a lack of cooperation from a witness can significantly weaken the case.
Can Theft Charges Be Dismissed Before Trial?
Yes. Charges can be dismissed if the evidence is insufficient, the case involves mistaken identity, or procedural errors occurred. A defense attorney can file motions to suppress evidence or dismiss the case entirely.
Are Plea Agreements Common In Theft Cases?
Yes. Many theft cases are resolved through plea agreements, especially when evidence is disputed. Plea deals can reduce charges, avoid jail, and protect future employment opportunities.
Call The Mazloom Law Firm, LLC Today
At The Mazloom Law Firm, LLC, we defend individuals accused of theft and other criminal offenses throughout Marietta, Atlanta, and the surrounding counties. Our firm fights to protect reputations, preserve rights, and build strong defenses that hold up in court.
Anyone facing a theft charge in Georgia deserves a defense built on facts, not assumptions. To receive a free consultation to discuss your shoplifting case, contact our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC by calling 770-590-9837. The Mazloom Law Firm proudly serves clients in Cobb, Cherokee, Clayton, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale Counties—providing aggressive representation and the legal protection every defendant deserves.
