DeKalb County Larceny Lawyer
If you are facing an arrest or formal criminal charges for theft by taking, you are likely experiencing a great deal of stress and uncertainty in your life. You may be unsure how the outcome of your case will impact your family, your job, and your freedom. Getting the advice of a DeKalb County larceny lawyer may be crucial to your ability to build the defense that you need. With a skilled theft attorney on your side, you may be able to arrive at a better resolution to your case.
Larceny Offenses in DeKalb County
Theft by taking, which is known as larceny in other states, involves the unlawful taking anything of value with an intent to deprive the owner of the property. The Official Code of Georgia § 16-8-2 does not require any specific type of taking or appropriation. While state law provides for various other types of theft, theft by taking is the most common general theft charge.
O.C.G.A. § 16-8-1(1) explains that depriving owners of their property can occur in two distinct ways. Individuals either can deprive owners of property by temporarily or permanently withholding it or by disposing of it in a way that the owners would be unlikely to recover it. In either case, the deprivation must be without justification.
“Property of another”, as used in this code section, refers to property belonging to anyone other than the accused. However, property belonging to the spouse of an accused or to them jointly does not qualify. A DeKalb County larceny lawyer may be able to answer other questions that individuals may have when they are facing criminal charges for theft by taking.
Penalties for DeKalb County Larceny
Under O.C.G.A. § 16-8-12, theft by taking typically is a misdemeanor offense, punishable by up to one year jail. However, this code section outlines various situations in which theft by taking can be a felony offense. These situations include:
- Stealing property worth $24,999 or more
- Taking property in breach of a fiduciary duty or by an officer or employee of a bank or government office
- Stealing anything placed on a grave
- Taking explosives, firearms, or destructive devices
Some other scenarios can lead to either misdemeanor or felony charges. For example, a theft may be a misdemeanor or felony if the property is worth between $5,000 and $25,000 in value, which could result in a sentence of incarceration ranging from one to ten years. Individuals with two or more prior theft convictions also can face felony charges, but judges can sentence them as misdemeanors.
Generally, felony theft by taking can result in a prison sentence of one year to 20 years, depending on the nature of the theft, the value of the property, and the type of property stolen. For instance, theft by taking of any amount of anhydrous ammonia can result in a prison sentence ranging from one to ten years, a fine, or both. Given the potential severity of theft by taking convictions, individuals may wish to consult a larceny attorney in DeKalb County for advice.
Contact a DeKalb County Larceny Attorney Today
A DeKalb County larceny lawyer may be able to investigate the facts that led to your charges and evaluate the weight of the evidence in your case. Getting a clear assessment of the options for resolving your case can be critical to your ability to make the right decisions in your case. Without this essential knowledge and advice, you may choose unwisely, which can lead to harsher penalties than you might have anticipated.
A theft conviction can have adverse effects on your future. Even after you serve your sentence, you may experience difficulties finding a job, launching a new career, or achieving professional licensure. By taking the steps necessary to defend yourself properly, you may be able to avoid some of these potentially damaging outcomes.