Are you facing theft charges in Marietta and wondering if your freedom, job, and reputation can be saved? The choices you make immediately following your arrest could determine whether you walk away with your life intact or face years of consequences that follow you everywhere you go. One wrong move in the legal system can mean the difference between getting back to your family and losing everything you’ve worked for.
At The Freedom Lawyers, we understand that theft charges aren’t just legal problems – they’re threats to everything you’ve built in your life. As former prosecutors who now fight exclusively for the accused, we know exactly how the State plans to attack your case and how to defeat their strategies. We’ve helped countless clients in Marietta get their charges dismissed, reduced from felonies to misdemeanors, or achieve outcomes that protect their freedom and future. When facing property theft accusations, you need attorneys who treat your case like your life depends on it, because we know it does.
Understanding Theft Crimes in Georgia
In Georgia, theft crimes are defined under Georgia Code Title 16, Chapter 8, with theft by taking being the most common, under O.C.G.A. § 16-8-2. Georgia law defines theft by taking when someone “unlawfully takes or appropriates any property of another to deprive him of the property.”
The state determines whether you’re facing a misdemeanor or felony based primarily on the value of what was allegedly taken. If the property is valued at $1,500 or less, you’re looking at a theft misdemeanor charge with up to 12 months in jail and a $1,000 fine. If the value exceeds $1,500, you’re facing felony charges with much more serious consequences.
What’s particularly important is that if you have two or more prior theft convictions, even a misdemeanor theft can be treated as a felony, meaning the judge can impose a felony sentence of one to five years or more instead of the typical 12-month maximum.
Types of Theft Charges We Defend
Shoplifting
Shoplifting in Georgia is defined under O.C.G.A. § 16-8-14 and includes concealing merchandise, altering price tags, transferring goods between containers, or passing through checkout without paying full price. You can be arrested even if you never leave the store – the moment you conceal an item with intent to steal, the crime is complete.
For merchandise valued at $500 or less, you face misdemeanor charges. Over $500 becomes a felony with one to ten years in prison. Georgia can calculate that $500 total from a single theft, multiple stores within seven days, or items stolen over 180 days.
Theft by Taking
This is the most basic theft offense, covering situations where someone unlawfully takes another person’s property with intent to deprive them of it. Property worth $1,500 or less is a misdemeanor; over $1,500 becomes a felony with one to five years for $1,500-$5,000, and up to ten years for higher amounts.
Theft by Receiving Stolen Property
Theft by Receiving Stolen Property is defined by O.C.G.A. § 16-8-7. This charge requires proof that you were in possession of property that you knew, or should have known was stolen, and kept the property with the intent to deprive the owner. The key word is “knowingly” – the prosecution must prove you actually knew or should have reasonably known the property was stolen. Simply possessing stolen property is not enough. We have an outstanding track record of defending Theft by Receiving Stolen Property cases and Theft by Receiving Stolen Firearms cases. Contact us for a free consultation.
Felony Theft
Theft of property valued over $1,500 carries serious consequences including prison time, loss of voting rights, gun ownership restrictions, and placement on Georgia’s felony registry. Being convicted of a felony changes everything about your future opportunities.
Theft of a Firearm
In Georgia, the theft of any firearm is automatically a felony regardless of value, often involving federal charges and cooperation between state and federal authorities. However, possessing a firearm that was stolen is only a crime if the State can prove you knew or should have known the gun was stolen. If the State cannot prove that you knew the firearm was stolen, they cannot prove this type of charge. We are specialized in Theft by Receiving Stolen Firearms cases.
Serious Theft-Related Charges
Robbery by Sudden Snatching
Robbery by sudden snatching under O.C.G.A. § 16-8-40 occurs when someone takes property from another person or their immediate presence by sudden snatching. Many people don’t realize that if the person wasn’t aware of being robbed, courts have found this to be sudden snatching or larceny rather than robbery. Essentially, if the person you took something from was unaware that you stole something, then you are not guilty of robbery. Still, if they realize what you’re doing, even when you’re running away, then it becomes robbery.
A conviction carries a sentence of imprisonment for not less than one nor more than 20 years, and if the victim is 65 years of age or older, the minimum sentence increases to five years. If you’re facing these charges, an experienced Robbery by Sudden Snatching Lawyer can help determine whether the circumstances actually meet the legal definition of robbery under Georgia law.
Robbery by Intimidation
Robbery by intimidation is also defined by O.C.G.A. § 16-8-40. Robbery by Intimidation occurs when someone takes property by intimidation, threat, coercion, or by placing someone in fear of immediate serious bodily injury. Under Georgia law, robbery by intimidation is considered a lesser included offense in the offense of armed robbery, which means prosecutors often use this charge when they can’t prove weapon use but can show threats or fear were involved.
Like other robbery charges, this charge carries imprisonment for not less than one nor more than twenty years. The prosecution must prove the victim was actually placed in fear, not just that threatening words were used. A skilled Robbery by Intimidation Lawyer can challenge whether the alleged victim experienced genuine fear of immediate harm.
Theft by Receiving a Stolen Firearm
In Georgia, theft by receiving stolen firearms is automatically charged as a felony regardless of the firearm’s value. The penalty is one to 10 years in prison, with a mandatory 5 years for second convictions. Under O.C.G.A. § 16-8-7, a person commits theft by receiving stolen property when they receive, dispose of, or retain stolen property that they know or should know was stolen.
Courts have ruled in defendants’ favor in various situations – it’s insufficient to prove someone knew a gun was stolen just because it was bought on the street at a reduced price, and even if the gun is labeled for law enforcement use, this alone is insufficient for conviction. Since the public doesn’t have access to stolen firearm databases, a knowledgeable Receiving Stolen Firearms Lawyer can argue that you had no way of knowing the firearm’s stolen status based on appearance alone.
Common Defense Strategies
Intent-Based Defenses:
- Lack of intent to permanently deprive – if you forgot to return borrowed items or believed you had permission
- Claim of right to property under O.C.G.A. § 16-8-10
- Consent from the owner
Evidence-Based Defenses:
- Challenging unlawful searches under Fourth Amendment protections
- Insufficient evidence when prosecution can’t prove their case
- Challenging property valuation to reduce felony charges to misdemeanors
Knowledge-Based Defenses:
- Lack of knowledge property was stolen
- Mistaken identity with alibi evidence
- Intoxication defense for specific intent crimes
When defending against these various criminal offenses, our experienced attorneys employ larceny defense strategies that have proven successful in Georgia courts. Every defendant deserves aggressive representation that challenges the prosecution’s case.
Understanding the Evidence
Prosecutors must prove property ownership, value, possession, lack of consent, and intent to deprive. If they can’t prove even one element beyond a reasonable doubt, their case fails.
Challenging Weak Evidence: Property valuation disputes can reduce felony charges to misdemeanors. Intent evidence can be challenged by showing you planned to return items or believed you had legitimate claims. Eyewitness testimony is often unreliable, especially under stress. Any evidence obtained through constitutional violations cannot be used against you.
Why Choose Our Marietta Theft Defense Team
When your freedom is on the line, you need more than just any lawyer – you need a theft defense attorney who understands that every case is a fight for someone’s future. At The Freedom Lawyers, we don’t just represent clients; we treat you like family and fight like your life depends on it, because we know it does.
- Local Court Experience You Can Count On – We practice in Marietta and Cobb County courts daily, knowing the judges, prosecutors, and procedures that determine your outcome. Our relationships with local prosecutors and understanding of marietta theft investigations give us strategic advantages that out-of-town attorneys don’t have.
- Proven Track Record Fighting Theft Charges – Our attorneys include former prosecutors who know exactly how the State plans to attack your case. We’ve successfully defended every type of theft charge with a strong record of dismissals and reductions. Our theft lawyer experience spans thousands of theft cases throughout Georgia, covering all practice areas related to criminal defense.
- Personal Approach That Treats You Like Family – You’ll have direct attorney access with personal contact information, available days, nights, weekends, and holidays. We explain everything in plain English and Spanish.
- Aggressive Defense Strategies Tailored to Your Case – We thoroughly investigate evidence, examine prosecution weaknesses, and develop unique strategies. We file motions to suppress evidence in every case, and force the State to prove the police did not violate your rights. Our law firm has the resources and experience needed for complex theft defense cases.
Get the Defense Your Freedom Deserves – Call Now
You’re probably feeling overwhelmed and scared about what comes next. That’s completely normal – theft charges are serious, and the decisions you make in the days and weeks after arrest could determine whether you keep your job, stay out of jail, and protect your future. But here’s what you need to know: you don’t have to face this alone, and you definitely shouldn’t try to handle it without experienced legal representation.
The prosecution is already building their case against you, and every day you wait is another day they’re getting stronger while your defense is getting weaker. Don’t let fear or confusion cost you your freedom. Our theft defense attorneys are ready to start fighting for you immediately, and we offer free consultations so you can understand your options without any financial risk. As a dedicated criminal law firm with years of experience defending theft cases, your freedom is too important to leave to chance – contact The Freedom Lawyers today and let us start protecting your rights and your future.
Frequently Asked Questions
How long do you go to jail for theft by taking in Georgia?
Jail time depends on property value and criminal history. Misdemeanor theft (under $1,500) carries up to 12 months. Felony theft ranges from one to five years for $1,500-$5,000, up to twenty years for property over $25,000. Each case requires individual analysis for comprehensive Georgia theft sentencing guidelines and factors that influence jail time.
What is the lowest charge for theft in Georgia?
The lowest charge is misdemeanor theft for property under $1,500, which carries up to 12 months in jail and a $1,000 fine. First-time offenders often access diversion programs, avoiding jail entirely. Minimum penalties for theft charges in Georgia depend on property value, criminal history, and eligibility for alternative sentencing.
Can theft charges be dropped in Georgia?
Yes, charges can be dismissed for insufficient evidence, constitutional violations, or successful diversion program completion. Understanding how to get theft charges dismissed in Georgia requires examining case facts and identifying prosecution weaknesses.
What’s the difference between theft by taking and receiving stolen property?
Theft by taking involves directly taking property without permission. Receiving stolen property requires knowingly accepting items someone else stole. The differences between theft by taking and receiving stolen property charges require different defense strategies and proof elements.
