According to reports out of Buckhead, an unlocked Ferrari was stolen and driven out of the garage of a high-rise condominium building.
The Ferrari has been estimated at $200,000.
As a Georgia Criminal Defense Lawyer, I will outline the offense of theft by taking in today's post. Theft by taking is one of the most common theft crimes in the state of Georgia. However, the punishment if convicted of theft by taking varies on the amount of the property stolen. Let's review.
Theft by Taking in Georgia
Theft by taking in Georgia is defined by Georgia Law in O.C.G.A. §16-8-2 as:
Theft by taking is the most common type of theft that appears in Georgia. Georgia defines theft by taking as occurring when a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.
As per usual with Georgia Law, theft by taking encompasses a great number of scenarios, and it is of the utmost importance to have representation from an experienced Georgia Criminal Defense Attorney who understands the small details between different crimes.
Theft by taking can be classified as a misdemeanor or felony in Georgia.
When the theft involves property valued at $500 or less, the crime will be deemed a misdemeanor in Georgia. The consequences of a misdemeanor include a fine of no more than $1,000 and a jail sentence of no more than 12 months.
If the theft involves property worth more than $500, the crime will more than likely be deemed a felony. The judge can use discretion when determining whether to regard the offense as a misdemeanor or a felony. If you receive a felony charge, then theft brings a penalty of a prison sentence of no less than one year and no more than ten years.
There are particular circumstances in which theft is punished as a felony in Georgia. These include:
- Theft of government or bank property by an employee. If found guilty of this, the consequence is a one to 15-year prison sentence and/or a fine.
- Theft involving a gravesite or cemetery decoration. This carries a punishment of one to three years in prison.
- Theft of a motor vehicle or a part of a motor vehicle worth more than $1,000. Here, you could be punished by one to 10 years in prison.
If you or a loved one has been arrested for the commission of a crime in Georgia, contact our offices today. We have over 50 years of combined experience with criminal defense and will fight for your freedom. Call now.