Theft by Taking Example After Someone Stole $30,000 of Supplies from a Georgia Middle School

Clarke Countypolice are looking for whoever stole $30,000 worth of school supplies for an Athens middle school a week before classes start.

W.E. Coile Middle School Principal Marsha Thomas stated, “As a school community, we are saddened and heartbroken that anyone would steal items that are clearly used to enrich our students and give them the skills they need to be successful.” 

According to reports, the alleged thieves broke into the middle school in the beginning of July and stole 60 iPads, band instruments, a sound system, and art supplies.

Georgia Law outlines many different types of theft. These criminal offenses include:

• Theft by Deception in Georgia
• Theft by Shoplifting in Georgia
• Theft by Extortion in Georgia
• Theft by Taking in Georgia
• Theft by Conversion in Georgia

As a Georgia Criminal Defense Lawyer, I will focus today's post on the most common type of theft that occurs in Georgia, which is theft by taking.

Theft by Taking in Georgia

The Georgia Code defines theft by taking in Georgia 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.

In order to be convicted of theft by taking in Georgia, the state of Georgia must prove that the accused person is guilty beyond a reasonable doubt. This includes demonstrating that the accused person took someone else's property, had no intention to return the borrowed item, and planned on keeping it.

If the stolen property is worth less than $500, then the offense will most likely be deemed as a misdemeanor. However, if the stolen property is worth more than $500, then the offense will most likely be deemed as a felony. 

Ultimately, the judge uses his or her discretion when determining whether the offense is a misdemeanor or a felony. 

Practice Note

As a Georgia Criminal Defense Attorney, I would like to outline some of the defenses that can be utilized in the event of a wrongful or inaccurate accusation. These Georgia Criminal Defenses include but are not limited to:

• No actual possession 
• Repossession 
• Lack of intent 
• Intent to borrow 

There are actually a lot of other arguments that can be used in defense of a theft charge. If you or a loved one has been charged with a crime in Georgia, contact us today.