Cherokee County Man Sentenced to Twenty Years in Prison

Jacob Henson, a 26-year-old out of Cherokee County has been sentenced to 20 years.

According to prosecutors, Henson went on a crime spree over a four week span last year. He stole trucks, motorbikes, ATVS, and sedans from people in Ball Ground, Canton, Holly Springs, and Waleska. He was convicted of eleven different counts of theft by taking, two counts of theft by receiving, and several other crimes.

As a Georgia Criminal Defense Lawyer, I will outline the main offense that Henson has been convicted of - theft by taking in the state of Georgia.

Theft by Taking in Georgia

Theft by taking in Georgia is defined by the Georgia Code in O.C.G.A. §16-8-2 as:

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.

Georgia law defines deprive in two ways: either to withhold property of another permanently or temporarily or to dispose of the property so as to make it unlikely that the owner will recover it. The property of another includes property in which any person other than the accused has an interest but does not include property belonging to the spouse of an accused or them jointly.

The penalty for theft by taking can either be 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 conviction 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. Theft of government or bank property by an employee can result in a one to 15-year prison sentence and/or a fine. Theft involving a gravesite or cemetery decoration can result in 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 can result in one to 10 years in prison.

Practice Note

Not everyone who has been accused of a crime is guilty of committing a criminal offense. If you or a loved one has been arrested, contact a Georgia Criminal Defense Attorney now.