Lavonia Rodgers, a resident of Dekalb County, called 911 after two individuals claiming to be water department employees entered her home and stole various items. According to Rodgers, a man and a woman knocked on her door and explained that they needed to check the water pressure in her home. The woman then ran the water in her kitchen sink while the man allegedly stole jewelry and cash.
Rodgers immediately called Dekalb Watershed Management and 911 when she realized what happened. As a Georgia Criminal Defense Lawyer, I will outline a specific theft offense in today's post.
Theft by Deception in Georgia
There are a variety of different theft crimes in Georgia. These crimes range from theft by taking in Georgia to shoplifting in Georgia to even theft of services in Georgia. The story above is a good example of theft by deception in Georgia.
The Georgia Code defines theft by deception as:
A person commits the crime of theft by deception when he obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. O.C.G.A. §16-8-3.
By law there are five different ways that a person can intentionally deceive another person:
- Creates or confirms another's impression of an existing fact or past event which is false and which the accused knows or believes to be false;
- Fails to correct a false impression of an existing or past even which he has previously created or confirmed;
- Prevents another from acquiring information pertinent to the disposition of the property involved;
- Sells or otherwise transfer or encumbers property intentionally failing to disclose a substantial valid known lien, adverse claim, or another legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or
- Promises performance of services, which he does not intend to perform or knows, will not be performed.
As with most other theft crimes in the state of Georgia, theft by deceiving can be classified as either a misdemeanor or a felony. The severity of the criminal offense depends on the value of the money or property stolen.
If the money or property stolen is valued at less than $500, then you will be charged with misdemeanor theft by deception. If the money or property is assessed at more than $500, you will likely be facing felony charges. A judge has the discretion to deem a crime a misdemeanor, even if it the money or property converted was over $500.
Practice Note
Theft crimes come with serious consequences, and it is vital that you have an experienced Georgia Criminal Defense Attorney to help you with your case. We handle all crimes in the state of Georgia, so if you or a loved one has been arrested, contact our offices today.
Your case will not defend itself. Unfortunately, most people actually lose their opportunities to give themselves the best defense because they wait. As I said before, contact us now.
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