Cobb County Theft Lawyer
There are many forms of theft that could occur in Cobb County. Theft charges can be complex because an individual must meet all required elements in order to be convicted. Someone cannot be convicted for theft unless the prosecution is able to prove beyond a reasonable doubt that all required conditions of the alleged crime exist. This is why it is crucial to the success of your case to retain the services of a skilled Cobb County theft lawyer if you have been charged with theft.
A practiced criminal attorney would know what defenses could be most effective for your specific theft charge and would passionately advocate on your behalf before a judge or jury.
Theft as Defined by Cobb County Law
The most common type of theft in Cobb County involves theft by taking, defined under Code of Georgia § 16-8-2 as the unlawful taking, possession, or appropriation of someone else’s property with the intent to deprive that person of the property, regardless of the manner used to appropriate or take the property. Georgia law also defines numerous other types of theft, including theft by:
- Taking stolen property into another state
- Receiving property which was stolen in another state
- Mislaid or lost property
Theft Charged as a Felony or Misdemeanor in Cobb County
If a theft offense involves property with a value of $500 or less, the crime would be categorized as a misdemeanor in accordance with O.C.G.A. § 16-8-12. Punishment for a misdemeanor includes penalties of fines up to $1,000 and up to one year in prison. If someone is issued a prison sentence of six months or less, it is at the sentencing judge’s discretion to allow the person to serve the sentence during nonworking hours or through weekend confinement.
When theft involves property worth more than $500, the crime would be punishable as a felony, or at the judge’s discretion, as a misdemeanor. If the alleged offense is charged as a felony, the theft would be accompanied by a minimum prison term of one year and a maximum incarceration of 10 years. Other instances where theft could be punishable as a felony include the following:
- Theft involving breach of a fiduciary relationship (one to 15 year’s incarceration, and/or fines)
- Theft involving a cemetery decoration or gravesite (one to three year’s incarceration)
- Theft of a motor vehicle or motor vehicle part worth more than $100 (one to ten year’s incarceration)
- Theft of bank or government property by an employee (one to three year’s incarceration)
- Theft of anhydrous ammonia (one to ten year’s incarceration)
- Theft of an explosive, firearm, or destructive device (one to ten year’s incarceration)
- Theft committed while engaging in home improvement or repair, using a computer or computer network, or while telemarketing (one to ten year’s incarceration)
Shoplifting Penalties in Cobb County
Another common type of theft in Cobb County is theft by shoplifting. If someone is convicted for the first time of theft by shoplifting and the value of the property is $500 or less, the offense would be classified as a misdemeanor incurring penalties of a maximum one year in jail and/or fines up to $1,000.
For a second shoplifting offense, the court would impose a minimum fine of $500, either in lieu of or in addition to a prison term. A third shoplifting conviction is punishable by 30 day’s imprisonment, or an alternative sentence of confinement for 120 days (such as home detention), potentially including fines. In addition, the court could order the person to receive psychological treatment or evaluation.
Finally, a fourth or subsequent shoplifting conviction is a felony, punishable by a non-suspendable minimum prison term of one year, and a maximum of ten years. A shoplifting offense could also be elevated to a felony under Georgia law when the property is stolen from three separate stores in Cobb County within a seven-day period or less, and the property has a value of at least $500. Whatever the alleged offense, the experience of a Cobb County theft lawyer is essential in defending these types of charges. An attorney could help the accused to build a strong defense against the prosecution’s case.
Contact a Cobb County Theft Attorney About Building a Strong Defense
If you are facing a theft charge and feel overwhelmed by the legal process, get in touch with a Cobb County theft lawyer as soon as possible. An attorney could review the relevant information and work hard to mitigate the situation from the outset.
To discuss the facts of your charges and discover how a dedicated lawyer could help, contact the office today.