Georgia Theft Crimes
A theft crime can carry a variety of punishments. If the property which was the subject of the theft exceeds $500.00 in value, there is a mandatory punishment by imprisonment for not less than one nor more than ten years. See, OCGA 16-8-12(a)(1). The Theft statute has alot of other potential aggravating factors depending on the specific facts of the theft.
- if by a fiduciary in breach of his or her fiduciary duty (think guardian, trustee, etc), a government employee, or a bank employee then not less than one year in prison and not more than fifteen years
- if the theft is of a grave stone then not less than one year and not more than three years
- if the theft is of a motor vehicle or by a telemarketer (?) not less than one year nor more than ten years but can be sentenced as misdemeanor but a second or subsequent offense is not less than one year nor more than twenty years
- if the theft is of a grave stone of military personnel or a war monument then not less than three years nor more than five years and valued at more than $300 but if less than $300 then not less than one year nor more than three years
- if the theft of commercial cargo then not less than three years nor more than ten years
- if the theft involves metal then not less than one year nor more than five years
- if the theft involves a person 65 years or old then not less than five years nor more than ten years
Many theft crimes can be construed as violations of other statutes so there may be other more serious consequences. If you’ve been charged with a theft crime you absolutely need to hire a lawyer. If the property allegedly stolen is valued at less than $500 it is a misdemeanor. But what is the property’s value really and how do you prove it beyond a reasonable doubt? Questions like these, among others, are why you should seek representation in a theft case. Never settle when seeking representation and never accept a charge or sentence your don’t deserve. If it seems hopeless, remember our motto: The Only Unwinnable Case is a Case Untried.