Theft by Taking O.C.G.A. 16-8-2
Fight Your Atlanta Georgia Theft Charge
In Georgia, theft is called larceny. Larceny is the taking of property belonging to another individual without their consent. The property is taken from the owner with no intention of giving it back. If you are accused of taking property that does not belong to you, you can be charged with a specific type of theft. The type of theft depends on the value of the property and what was taken. One type of theft in Atlanta Georgia is theft by taking under criminal statute O.C.G.A. 16-8-2.
What is the Definition of Theft by Taking in Atlanta Georgia?
Theft by taking occurs when a person unlawfully takes property owned by another individual. They take the property without the owner’s permission. The goal of taking the property is to permanently deprive the owner of their property.
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.
The Elements of Atlanta Georgia Theft by Taking Prosecutors need to Prove to Convict You
You are not automatically guilty. The prosecutors have the job of proving your guilt beyond all reasonable doubt. 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
Theft by Taking in Atlanta Georgia is a Simpler Crime than other Types of Theft Crimes
Theft by taking involves allegedly taking something that is not yours. It is a simpler theft crime than other crimes. That does not mean that you will have an easier time proving your innocence. It just means that the state has less to prove to try to convict you of theft by taking. Here are some differences between theft by taking and other types of theft crimes.
For example, 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
- Theft by conversion is a different type of theft crime. Traditionally, theft involves the unlawful taking and carrying away of property that belongs to someone else. The goal of theft is to permanently deprive the owner of their property.
- Whether the crime is theft by deception or theft by taking, the foundation of theft is unlawfully taking. Generally, unlawful taking involves never having a right to possess the property in the first place. The unlawful taking may range from stealing money from a wallet or taking a phone with no intention of giving it back.
- However, as defined under the criminal statute 16-8-4, theft by conversion requires you to have possession of the property.
Theft by deception is a more serious crime compared to theft by taking because you allegedly tricked a person into believing something just take property that did not belong to you.
Theft by conversion is a different type of theft crime. Traditionally, theft involves the unlawful taking and carrying away of property that belongs to someone else. The goal of theft is to permanently deprive the owner of their property.
Whether the crime is theft by deception or theft by taking, the foundation of theft is unlawfully taking. Generally, unlawful taking involves never having a right to possess the property in the first place. The unlawful taking may range from stealing money from a wallet or taking a phone with no intention of giving it back.
Theft by conversion is different from theft by taking because you had to have control or legal possession of the property to allegedly take the property. It is a more serious crime because than theft by taking because you were allegedly entrusted with the property you were accused of taking.
Strong Defenses Available to You to Prove Your Innocence in an Atlanta Georgia Theft by Taking Charge
You have the right to counter the prosecutor’s case with a defense. Many common defenses depend on the facts of the theft charge. Some defenses include:
- You had no specific intent. Theft requires the intent to unlawfully take the property of another individual. If you did not intend to take the property, you cannot be charged.
- Asportation of the property did not occur. To complete the theft, you have to separate the property from its owner, take the property and move it away from the alleged victim. If the alleged victim continuously had the property in their possession, you cannot be convicted.
- You had consent to take the property. Consent is a legal defense because the owner was not a victim. They told you to take the property.
Let the Yeargan & Kert, LLC Fight Your Atlanta Georgia Theft by Taking Charge
You have just read some important defenses to theft by taking charge in Atlanta Georgia. It is also important to tell you some claims that are not defenses. You cannot claim that you took the item to return it to its rightful owner. That is not a legal defense in Atlanta Georgia.
Another non-legal defense is claiming the alleged victim did not have the right to possess the property taken. As long as the alleged victim had lawful possession of the property, you can be charged with the crime. You cannot claim you did not benefit from taking the property from the alleged victim. Remember, theft by taking focuses on the unlawful taking of property without the intent of giving it back. The state does not allow you to show you did not benefit from taking the property.
Now it is time to build a strong defense based on the facts of your case with Yeargan & Kert, LLC. Our free case evaluation will help us put together a strong defense to prove your innocence or get the charge reduced or dropped. Contact Yeargan & Kert, LLC.
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