Coweta County officers are still on the lookout for two men who have been accused of stealing at least 70 cartons of cigarettes off of a supply truck at a local Chevron gas station.
According to the security tapes, two men pulled up in a silver sedan. One man started a conversation with the truck driver while the second man filled three bags full of cartons from the backside of his truck.
As a Georgia Criminal Defense Lawyer, I will outline the offense of theft by taking in today's post.
Theft by Taking in Georgia
Theft by Taking in Georgia is defined by the Georgia Code in the following statute 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. O.C.G.A. §16-8-2.
The penalty for theft by taking can either be a misdemeanor or felony in Georgia depending on the value of the property stolen. This is indicative of most theft crimes in Georgia including:
- Theft by Deception in Georgia
- Theft by Receiving in Georgia
- Theft of Cargo in Georgia
- Theft of Services in Georgia, etc.
Theft by taking will be considered a misdemeanor if it involves property valued at $500 or less. The consequences can include a fine of no more than $1,000 and a jail sentence of no more than 12 months.
Theft by taking will be considered a felony if it involves property worth more than $500. The consequences can include a prison sentence of no less than one year and no more than ten years.
Just like any other crime in Georgia, in order to be convicted of theft by taking, an accused individual will have to be proven guilty beyond a reasonable doubt. Sometimes people are wrongly accused of committing crimes, and in those cases, there are Georgia Criminal Defenses that may apply.
If you or a loved one has been arrested, contact our offices today. A Georgia Criminal Defense Attorney is your best defense.