Decatur Theft Lawyer

Decatur Theft Attorney

The most common kind of crime in Decatur is theft, which is generally defined as a person taking someone else’s possessions without their consent. The specific charges and penalties for theft offenses can vary widely depending on the circumstances of the offense.

If you’re facing such charges, a Decatur, GA theft lawyer at The Fleming Firm can provide quality legal representation that is tailored to the needs of your case. For more than 20 years, our attorneys have offered fierce legal counsel to Georgia residents against criminal charges like theft.

Theft Charges in Decatur

Theft can occur in many contexts, and there are different charges to represent the wide variety of scenarios you might find yourself in. Some of the most common criminal charges for theft in Georgia include the following:

• Theft by taking is when someone takes another person’s property with the intention of not giving it back.
• Theft by deception is when someone uses deceit or dishonesty to obtain another person’s property. This includes creating, confirming, or failing to correct a false impression about a fact or event, preventing someone from retrieving information that would show the dishonesty, or falsely promising to complete a service.
• Theft by conversion is when someone abuses their contractual or legal responsibility to handle another person’s assets and instead takes them for their own use. This may also be known as embezzlement.
• Theft of services is when someone knowingly obtains services through deception and without the intent to pay.
• Theft by receiving stolen property is when someone receives or keeps property that they know was stolen.

Penalties

A theft conviction can be charged as a misdemeanor or a felony, depending on the value of what was taken. If the value is up to $1,500, the theft is generally charged as a misdemeanor. If the value is over $1,500, the charge may be filed as a felony. In most cases, a misdemeanor can result in up to 12 months in jail and a $1,000 fine.

For felonies, the jail term further depends on the value. Up to $5,000 can mean between 1 and 5 years in prison, up to $25,000 can mean up to 10 years in prison, and more than $25,000 can mean up to 20 years in prison. In addition, if a defendant has one or more previous misdemeanor theft convictions, further offenses can be charged as felonies if they occurred within 5 years.

According to the most recent report by the Georgia Bureau of Investigation’s Uniform Crime Reporting Program (UCR), in 2023, theft was the most common offense reported in the state. There were 135,954 reports of larceny theft in Georgia that year, which averages to one offense every 3 minutes and 51 seconds. Those reports led to 17,608 arrests. In Decatur, theft cases are prosecuted at the DeKalb County Courthouse on North McDonough Street.

Legal Defense Strategies for Theft Cases

The desired outcome for the defendant in a theft case is to have the charges dismissed or reduced before a trial or to receive a verdict of not guilty in court. Every case is different and has its own unique facts, but there are several common defense strategies that have been successfully used by defendants against theft charges in Georgia.

A skilled criminal defense attorney can evaluate the details of your case, make notes about the strengths and weaknesses of the evidence against the defendant, and develop a personalized legal defense strategy to fight the charges, which may use one or more of the following common defenses:

• Having permission to use, take, or possess the other person’s property. In some cases, the defendant’s belief that they had permission may be enough.
• Showing the defendant is the actual owner of the property
• Planning to return the stolen property
• Alibi – proving that the defendant was in a location where they could not have committed the theft at the time it occurred
• Presenting evidence that someone else committed the crime, such as eyewitness testimony or surveillance video
• Challenging the prosecution’s evidence against the defendant

FAQs  

Is Theft Considered a Violent Crime?

No, theft is generally not considered a violent crime. When theft includes an element of violence, such as harming a person, showing a weapon, or using the threat of harm, it is generally considered robbery, which is a violent crime with more severe punishments. However, even though theft is not a violent crime, an offense may still be considered a felony, and a conviction can lead to serious consequences.

How Long Does Theft Stay on Your Record in Georgia?

How long a theft stays on your record in Georgia depends on what purpose the record is being used for. Prosecutors and law enforcement can look back five years for previous theft convictions, while criminal background checks by employers and landlords can generally only go back seven years for non-convictions. In most cases, a criminal conviction stays on your record permanently, although arrests and dismissals may be able to be removed in some cases.

Can You Go to Jail for Shoplifting in Georgia?

Yes, for shoplifting in Georgia, you can be sentenced to a jail term of up to ten years, as well as be ordered to pay a fine of up to $1,000. Theft by shoplifting, like other forms of theft in Georgia, can be charged as a misdemeanor or as a felony, and the punishment for a conviction depends on several factors, including the value of the item(s) stolen and whether you have previous shoplifting or other theft convictions.

Is Theft by Deception Hard to Prove?

Yes, in many cases, theft by deception can be hard to prove because the prosecution has to prove that the defendant committed the theft and also intentionally deceived the other person. It can be difficult to get strong, direct evidence that proves deception and intent unless the accused admits to the offense. The most reliable way to determine the strength of the evidence against you is to consult with an experienced criminal defense lawyer.

Aggressive Legal Representation for Decatur Theft Suspects

The experienced and compassionate legal team at The Fleming Firm knows that theft-related offenses can have serious consequences. Our trusted attorneys are committed to helping our client preserve their rights and their freedom. Don’t face theft allegations alone. Contact our office today to set up an initial consultation to discuss the details of your case and learn your legal options.