Theft by Deception O.C.G.A 16-8-3
According to the criminal statute in Georgia, you can be accused of theft depending on the value of the property and type of theft you allegedly committed. For example, theft by taking is a simple form of theft. It involves unlawfully taking property from another person with the intent to permanently deprive. Theft by deception, according to the criminal statute 16-8-3, is a more serious type of theft charge.
The simplest form of a theft charge is theft by taking criminal charge. Theft by taking occurs when a person unlawfully takes property owned by another individual. It is the same elements as larceny. They take the property without the owner’s permission. To negate any type of theft crime, you can claim the owner did provide consent. The goal of taking the property is to permanently deprive the owner of their property.
You are not accused of selling, keeping or even giving away the property belonging to another person. You are accused of keeping the property away from the owner forever,
The state does not define the manner in which the property must be taken in order to be accused of theft. For example, you could be accused of taking money from someone’s purse or receiving a ring and not giving it back.
To prove theft by taking, the Atlanta Georgia prosecutor over your case must prove:
- You unlawfully took property
- It did not belong to you, but someone else
- The owner of that property did not give you permission to take the property
- You took the property with the intent to keep it
The foundation of theft by taking case is included in other types of theft crimes. For instance, theft by deception is a more serious type of theft crime. All the elements are met in the theft crime, but you are allegedly accused of doing more to get the property from the owner.
Atlanta Georgia Theft by Deception involves Using Deceitful Means to Obtain Property
If you are accused of theft by deception, the state believes you committed larceny with deception. Larceny is the unlawful taking of property that does not belong to you. According to the theft charge, you allegedly had no intent to give back the property.
What separates theft by deception from theft by taking is you allegedly:
- Deceived the alleged victim
- Used deceptive practices to deceive the alleged victim, or
- Employed an artful practice with the intention of deceiving the alleged victim of their property
The property in question can be money or something of value like jewelry.
What Deception means in a Theft by Deception Charge in Atlanta Georgia?
The criminal statute defines deceitful means and artful practices do not include making exaggeration by statements unlikely to deceive a typical individual. The deception must go further than false statements that people would not believe.
Instead, a person is accused of deceiving a victim when they intentionally:
- Fails to correct false information about an existing fact or past event you know or believe to be false. This means the alleged victim believed false information that you knew or believed was false, but you did not correct them. The failure to correct was to your benefit.
- Confirms or creates an impression of a past or existing fact that you know or believe to be false
- Promises to perform a service, but has no intention of doing. This means you told the alleged victim you would do something in exchange for property. However, you have no intention of fulfilling that promise.
- Prevents another person, including the victim, from obtaining true information about the property involved
- Transfers, encumbers or sells the property by intentionally to failing to tell the alleged victim about valid and substantial known adverse claims or liens. This failure to disclose prevents the alleged victim from being able to enjoy the property.
The Defenses Available in a Theft by Deception Charge in Atlanta Georgia from Yeargan & Kert, LLC
You have options to defend yourself in a theft by deception charge. You can plead the following defenses:
Attack the specific intent of the theft charge. You have to intentionally take the property. If you took the property by mistake, it is not a crime. You did not do it on purpose. Therefore you cannot be convicted of theft by deception.
You had consent to take the property without using any deceptive means. This means that you were allowed to take the property. You did not dupe the alleged victim. The alleged victim gave their consent and knew the property would not be their property anymore.
You did not use any deceptive means to take the property. The state has to prove that you not only took the property, but you also use deceptive means. If you can challenge the state’s evidence whether there were any deceptive practices.
You may not be able to use the defenses mentioned above, but that does not mean you have no legal options. You have other defenses available to you. The specific defense will depend on the facts of the case. The best way to determine the best theft by deception defense is to talk to your lawyer.
Contact Yeargan & Kert, LLC to Resolve Your Theft by Deception Charge in Atlanta Georgia
To be guilty of theft by deception, the prosecutor over your case must prove you are guilty. You may also plead guilty. You should not have either of those legal options on your radar right now. Right now is the time to think about getting your case dropped, reduced and proving your innocence. Yeargan & Kert, LLC can help you beat this charge.
Contact us about possible defenses we can use to prove your innocence or get the charge dropped or reduced. Defenses available to you include no intent to deceive the alleged victim or take their property. If the facts support the defense, you can claim the alleged victim gave you consent to take the property.
Contact Yeargan & Kert, LLC about your case today.