Two students, Deaven Rector and Justin Clark, at Morehouse College in Atlanta have reported carjackings in the past week. On Thursday, Clark's van was carjacked on Westview Drive after a study break. And this morning, Rector's Toyota Corolla was carjacked at gunpoint off of Founders Drive according to his report.
Atlanta Police Captain Reginald Moorman reported, “There are some similarities with the carjacking that we had in this area last week, so we will be looking at both of those cases to determine, No. 1, if they are related and gain any information that we can combine to help us to locate this suspect and get this offender off the street.”
In today's post, I will outline the offense of theft by taking a motor vehicle in Georgia.
Theft by Taking in Georgia
Theft by taking in Georgia is referred to as larceny in most states. Theft by taking is simply the taking of anything valuable with the intent to deprive the owner.
Georgia Law defines theft by taking in Georgia as:
When a person unlawfully takes or being in lawful possession thief 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.
Theft by taking in Georgia is classified as either a misdemeanor or a felony depending on the circumstances of the crime. The offense is classified as a misdemeanor when the property is worth less than $500. The penalty can include a fine up to $1,000 and up to 12 months in jail.
The offense will be classified as a felony no matter what in the following scenarios:
- Theft of government/bank property by an employee
- Theft of a gravesite/cemetery decoration, or
- Theft of a motor vehicle/part of a motor vehicle worth more than $1,000.
The penalty can include a prison sentence of one to ten years.
In some scenarios, theft by taking will be considered a felony when the property taken is worth more than $500. But in certain situations, a judge can use his or her discretion to consider the crime a misdemeanor.
As an Atlanta Criminal Lawyer, I always make a point of mentioning that just because someone has been arrested for a crime does not mean that he or she is guilty of committing that crime.