Felony Theft by Taking Criminal Charges in Georgia
As a founding partner at The Mazloom Law Firm, LLC, and a dedicated Marietta felony theft by taking lawyer, I have witnessed firsthand the complexities and nuances associated with navigating the legal landscape of theft charges in Georgia. Theft by taking is a serious allegation that can have significant and life-altering legal consequences. In Georgia, the distinction between misdemeanor and felony theft hinges primarily on the value of the property taken and sometimes the nature of the property itself. Understanding these laws and their implications is crucial for anyone facing such charges.
The Legal Definition Of Theft By Taking In Georgia
In Georgia, theft by taking is defined under O.C.G.A. ยง 16-8-2, which states that a person commits the offense when they unlawfully take or, being in lawful possession, unlawfully appropriate any property of another with the intention of depriving the owner of the property, regardless of the manner in which the property is taken or appropriated. This comprehensive definition is crucial for you to understand and be prepared for your legal proceedings.
Criteria For Felony Theft By Taking
The classification of theft by taking as a felony or misdemeanor in Georgia is primarily determined by the value of the property stolen:
- Misdemeanor Theft – If the stolen property is valued at $1,500 or less, the theft is considered a misdemeanor, which can result in penalties including a fine of up to $1,000 and a jail term of up to one year.
- Felony Theft – Theft becomes a felony under several circumstances:
- If the value of the property stolen exceeds $1,500, the crime is punishable by one to ten years in prison.
- Theft of property valued at more than $5,000 carries more severe penalties, potentially leading to two to twenty years in prison.
- Specific items, regardless of their value, can also render a theft charge a felony. This includes theft of firearms, motor vehicles, explosives, or any substance regulated by the Georgia Controlled Substances Act.
Legal Procedures And Rights
Upon being charged with felony theft by taking, the accused will face several critical stages in the legal process:
- Arrest and Booking – Following the arrest, the individual will be processed at a local law enforcement facility where personal information and details about the alleged crime are recorded.
- First Appearance and Bail – Shortly after the arrest, the accused will have a first appearance before a judge, where bail may be set based on factors including the nature of the charges, the individual’s ties to the community, and their criminal history.
- Arraignment – This is the formal reading of criminal charges in the presence of the defendant to which the defendant will plead guilty, not guilty, or no contest.
- Discovery – Both the defense and prosecution will exchange evidence that might include police reports, witness statements, and other pertinent data related to the case. During this stage, your attorney can make Legal arguments to suppress certain evidence, dismiss charges, or address other legal issues such as procedural errors or constitutional violations.
- Trial – If the case proceeds to trial, both sides will present their arguments, examine witnesses, and submit evidence to prove guilt or innocence.
Protecting Your Rights After A Theft Charge
If you are accused of felony theft by taking, it is imperative to consult with an attorney who understands Georgia’s specific legal standards. A lawyer can provide crucial guidance, represent you in court, and work to ensure the best possible outcome based on the circumstances of your case. This legal support can provide you with the reassurance and confidence you need during this challenging time.
FAQs About Felony Theft By Taking In Georgia
What Is The Statute of Limitations for Felony Theft By Taking in Georgia?
For felony theft by taking, the statute of limitations is four years, meaning legal proceedings must be initiated within this timeframe.
Can Felony Theft By Taking Charges Be Reduced to a Misdemeanor?
Yes, under certain conditions and through effective legal negotiation, it is possible to have felony charges reduced to a misdemeanor, depending on the case specifics and prosecutorial discretion.
Does a Prior Criminal Record Affect Felony Theft By Taking Charges?
Yes, individuals with prior convictions, particularly for theft-related offenses, may face harsher penalties under Georgia law.
What Should I Do If Accused of Felony Theft By Taking?
Contact our experienced attorney immediately to ensure your rights are protected throughout the legal process.
Call Our Marietta Felony Theft by Taking Lawyer For Your Free Consultation
If you or someone you know is facing felony theft by taking charges in Georgia, don’t hesitate to contact The Mazloom Law Firm, LLC. With a deep understanding of Georgia’s theft laws and a commitment to our client’s defense, we are here to help. Contact our Marietta felony theft by taking defense lawyer at 770-590-9837 to receive your free consultation and ensure your rights and future are vigorously defended.
