There are several different kinds of theft offenses under Georgia law and each has different elements that need to be proven by the State’s Attorney to get a conviction. Such offenses include: theft by shoplifting, theft of services, theft by conversion, theft by extortion and theft of lost or mislaid property. At Bixon Law, we are experienced criminal defense attorneys who are knowledgeable in all of the various types of theft offenses in Georgia. You can learn more about theft by taking and theft by deception below and if you have been accused of any theft crime, please don’t hesitate to contact us today.
Under Georgia law, O.C.G.A. 16-8-2, a person commits the offense of theft by taking when he or she unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving the owner of the property, regardless of the manner in which the property is taken or appropriated.
Under Georgia law, O.C.G.A. 16-8-3, a person commits the offense of theft by deception when he or she obtains property by any deceitful means or artful practice with the intention of depriving the owner of the property. Theft by deception is one of several theft crimes Bixon Law defends in Atlanta and across Georgia. A person deceives if he or she intentionally:
(1) Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false;
(2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;
(3) Prevents another from acquiring information pertinent to the disposition of the property involved;
(4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or,
(5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.
“Deceitful means” and “artful practice” do not, however, include falsity as to matters having no pecuniary significance, or exaggeration by statements unlikely to deceive ordinary persons in the group addressed.