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Cobb County Criminal Defense Lawyer / Blog / Theft Laws / What is Theft by Taking?

What is Theft by Taking?


In Georgia, all theft crimes fall under the general category of Theft by Taking, a term that many other states refer to as larceny. A wide range of offenses can be charged as theft by taking, including unlawfully taking someone else’s property, unlawfully appropriating someone’s property, purposely adversely possessing another person’s property, and even being in possession of stolen property.

Misdemeanor Theft vs Felony Theft 

Under Georgia law, theft by taking occurs when someone unlawfully takes, or, despite being in lawful possession of it, unlawfully takes another person’s property with the intention of depriving him or her of that property. Theft by taking can be charged as either a misdemeanor or felony offense depending on the value of the property taken. For instance, to be charged with misdemeanor theft by taking, a person must be accused of unlawfully taking property valued at $1,500 or less. Those convicted of this offense could end up spending up to a year in jail. Charges of felony theft by taking, on the other hand, can be levied when the value of the property taken exceeds $1,500. The penalties for such a conviction will again, depend on the value of the property. For instance, when the property allegedly taken is worth between $1,500 and $5,000, an accused faces between one and five years in prison, while thefts valued at $5,001 are punishable by between one and ten years in prison.

Repeat Offenses

 Another Georgia law that can come into play in theft prosecutions is the statute dictating the sentencing of repeat felony offenders. Under this law, anyone convicted of a felony on a prior occasion, who then commits another felony, will be sentenced to the longest period of time prescribed for that offense. This means that someone convicted of a second felony theft by taking offense could automatically be sentenced to ten years in prison. Judges do, however, have discretion to suspend or probate the maximum sentence for an offense, which is why it’s so important to raise a strong defense when accused of any theft by taking offense.

Multiple Theft Charges

 It is also not uncommon for those who are accused of theft by taking, to find themselves facing multiple charges and if convicted, a wide range of penalties. It is possible, for instance, to be charged with theft, as well as the receipt and possession of stolen property. These situations can quickly become confusing for defendants, so having a legal representative on one’s side who is well-versed in the kinds of tactics that prosecutors use can make all the difference in the outcome of a case.

Call Cobb County Theft Crime Attorney Andrew L. Schwartz, P.C. Today

If you have questions about a recent theft-related arrest or pending theft charges, please call experienced Cobb County theft crime lawyer Andrew L. Schwartz, P.C. for help, so we can evaluate your case and walk you through your legal options. Call us at 678-853-2500 or send us an online message to set up an initial consultation with our legal team.




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