Georgia Criminal Defense Blog

Recent Carjacking in Atlanta is a Bizarre Example of Theft by Taking in Georgia

Posted by Richard Lawson | Feb 15, 2018 | 0 Comments

On Monday, a carjacker hopped out of a cargo space in an SUV while a woman was driving. He then proceeded to push her out of her own vehicle and steal the SUV. Before the incident, the woman, Martha Cargill, reportedly left her home in Decatur and dropped her daughter off at school. She, then, got stuck in traffic and as she was slowly pulling forward, someone popped out of the back seat and ordered her to get of the car. 

A Lyft driver, Keysha Richardson, saw the incident and immediately pulled over near Krog Street to help Cargill. Richardson told Cargill to get in her vehicle and followed the hijacked vehicle, recording the chase on her cellphone. Unfortunately, as soon as they reached southwest Atlanta, they lost sight of the vehicle. 

Police have reported that they are still on the search for the alleged carjacker, and that they have no idea how the man got into the cargo space of the SUV in the first place. 

Theft By Taking in Georgia

Theft by taking is the most common type of theft in Georgia. Theft by taking is defined by the Georgia Code:  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.

Penalty for a conviction for theft by taking can be classified as a misdemeanor or a felony in Georgia. Whether or not it's a misdemeanor or a felony depends upon the property value. If the value of the property is $500 or less, then it is considered a misdemeanor. A misdemeanor includes a fine up to $1,000 and a sentence of up to 12 months. If the value of the property is more than $500, then it is considered a felony. Most of the time, theft of a motor vehicle is considered a felony in Georgia because most motor vehicles are worth more than $500. However, according to the Georgia Code, theft of a motor vehicle is a felony, but that in the discretion of the judge, they could consider it a misdemeanor. The victim of the theft can also bring a civil action to recover monetary damages. 

In other states as well as the Model Penal Code (M.P.C.), theft by taking is referred to as larceny. Both terms refer to taking anything of value with the intent to permanently deprive the owner. There are a lot of different types of theft, and it is crucial to have a Georgia Criminal Defense Lawyer that understands all types of thefts. Here, at the Law Office of Lawson and Berry, we are well-experienced with all areas of theft and are ready to help with you with you case. If you or a loved one has been charged with theft by taking in Georgia, contact us today.

About the Author

Richard Lawson

Managing Partner at Lawson & Berry:


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