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If you or someone you care about has been charged with theft in Clayton County, Georgia, you need the help of a Clayton County theft lawyer to assist. Knowing the state’s theft rules and how these cases work can make a big difference in how your case turns out. An attorney can help you navigate the law and push for a favorable outcome. A criminal defense lawyer can help you navigate the law and push for a favorable outcome.
At Miller North & Brill, we are aware of the complexity of theft cases in Clayton County and the penalties of a conviction. Our committed staff painstakingly looks at every case, analyzing data, questioning witnesses, and pointing out flaws in the prosecution’s case. Whether it means aggressively defending you in court or working out a good plea agreement, we create customized defense plans targeted at obtaining the greatest possible results.
Our thorough awareness of the state’s theft rules and our dedication to safeguarding your rights and future distinguishes us. Our company provides a strong advocate committed to negotiating the judicial system on your behalf and working for your acquittal or lower fines.
It is considered theft if someone removes or modifies another person’s goods or services without that person’s permission and with the intention of denying that person access, use, or ownership. This definition encompasses a variety of acts.
Either real property or personal property, such as a car, may be taken. The “depriving” could involve throwing away or destroying things, making it difficult or impossible to get back. It could also be temporary or permanent.
Additionally, someone may deceive one or more people or simply flee to avoid paying for the services in order to steal services such as restaurant checks or hotel stays. Theft of lost or misplaced property and theft of trade secrets are likewise covered by state law.
Crimes in the state that carry a sentence of less than a year in jail are classified as misdemeanors. If the sentence is longer than a year, the offender may be charged with a felony and fined up to $100,000. Additionally, judges have the discretion to sentence some felonies (those carrying a maximum term of 10 years) to misdemeanors; these offenses are known as “wobblers.” (They waver between punishments for misdemeanors and felonies.)
The majority of theft offenses in the state are punished according to the kind or value of the goods or services taken. Penalties differ for other theft charges, such as shoplifting and theft by extortion.
Theft of goods or services worth $1,500 or less is considered a misdemeanor, carrying a $1,000 fine and a maximum 12-month jail sentence. The judge may let an offender serve their sentence on weekends or during non-working hours if they are given a term of six months or less.
The misdemeanor punishment increases to a felony wobbler if the offender has two or more prior theft convictions. This means the court may decide to impose a felony prison sentence rather than a misdemeanor jail sentence, which would be significantly longer.
Theft of goods or services worth more than $1,500 but less than $5,000 is punishable by a term of one to five years in jail. Should the value surpass $5,000 but fall short of $25,000, the offender faces a sentence of one to 10 years in prison. Because both charges are wobblers, the judge has the option to sentence the offender to a misdemeanor rather than a felony.
Felony thefts are generally more serious than misdemeanors and can carry harsher penalties. Theft offenses that result in felonies include the following:
In order to successfully defend against a shoplifting accusation in the state, you may need to demonstrate a lack of intent to steal, mistaken identity, or insufficient evidence. It is essential to speak with a knowledgeable theft lawyer as they can examine the details of your case, refute the evidence used by the prosecution, and negotiate the reduction or dismissal of your charges.
A judge may classify theft of services or property worth more than $1,500 but less than $5,000 as a misdemeanor or felony. The judge may also impose a felony term or a misdemeanor penalty if the value of the stolen goods or services exceeds $5,000 but is less than $25,000. However, any amount over $25,000 is a felony.
Depending on how serious the offense was, Georgia has several statutes of limitations for stealing. The statute of limitations for misdemeanor stealing is two years. These time frames, however, can be extended under certain conditions; thus, seeking the advice of an experienced lawyer is crucial for precise legal advice for your specific situation.
The value of the property involved determines the penalty for theft by deception in Georgia. It is usually a misdemeanor, punishable by up to 12 months in jail and a fine for items worth $1,500 or less. If the value of the stolen goods exceeds $1,500, it may be considered a felony and carry a jail sentence of one to 20 years, depending on the extent of the theft.
If you have been accused of theft, an attorney at Miller North & Brill can help. Contact us today for more information.
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