THEFT CRIMES

If you or someone you know and care about has been arrested for a theft crime in the State of Georgia, contact Rachel Kaufman law and get the legal representation you need. We defend individuals charged with Theft of Services, Theft by Taking, Theft by Shoplifting, Theft by Receiving Stolen Property, Theft by Deception and all other related crimes.

Depending on the value of the goods and services stolen as well as the manner in which the goods and services were stolen, person could be charged with a misdemeanor or a felony theft offense.

To ensure the best results for clients, Rachel Kaufman Law thoroughly investigates the circumstances of events leading up to, during and after the arrest for theft. The investigation often yields evidence that can later be used at trial in a client’s defense. Based on the investigation, we conduct legal research to determine if and when our clients rights could have potentially been violated. From there, our firm prepares and files written motions to dismiss and suppress, which are argued in court before trial.

In Court, Rachel she aggressively advocates for her clients using factual circumstances, legal precedent and charm. She also works closely with prosecutors and judges to resolve cases pretrial when “justice for all” can be served in that way. When pre-trial negotiations are not satisfactory dispositions for our clients, trial becomes the next step.

In preparation for trial, Rachel works with other skilled trial attorneys to explore the facts of the case and consider all defense strategies. She also encourages clients to be as involved as possible in pre-trial planning because trial is truly a team effort.

Theft by Taking

Theft by Taking entails unlawfully taking or being in the lawful possession of or unlawfully appropriating any property of another with the intent to deprive that person of his property. It does not matter the method in which the property was taken. It is the umbrella charge of all theft charges. A property’s value is not an element of the crime of theft by taking.

The value of the property is only at issue for the purposes of determining punishment therefore it is often at issue in pre trial negotiations. Please call at experienced attorney to discuss theft charges before entering a plea or going to trial.

This is the breakdown for criminal sentencing for THEFT BY TAKING charges:

If the value of the property is less than $1500, then it will be a misdemeanor charge punishable by no more than 12 months imprisonment and a $1,000 fine. Often times, restitution to the victim for the value of the property stolen is part of a sentence for this type of crime.
If the value of the property is between $1,500 and $5000, then it will be a felony punishable by one (1) to five (5) years in prison.
If the value of the property is between $1,500 an $25,000, then it will be a felony punishable by one (1) to ten (10) years in prison
If the value of the property is more than $25,000, then it will be a felony punishable by two (2) to twenty (20) years in prison.
If the property stolen is a firearm, then it will be a felony punishable by one (1) to ten (10) years in prison.

Theft by Receiving Stolen Property

It is defined as receiving, disposing of OR retaining property that the person knows or should know was stolen. This is a theft charge that prosecutors use when they cannot explain how or why an individual has a particular piece of stolen property. Mere proximity to a stolen item is insufficient to prove the charge. Knowledge that the property was stolen is an essential element of the charge however it can be proven through circumstantial evidence (guilty knowledge can be inferred from circumstances which would excite suspicion in the mind of an ordinary prudent person).

This is the breakdown for criminal sentencing for THEFT BY RECEIVING STOLEN PROPERTY charges:

If the value of the property is less than $1500, then it will be a misdemeanor charge punishable by no more than 12 months imprisonment and a $1,000 fine.
If the value of the property is between $1,500 and $5000, then it will be a felony punishable by one (1) to five (5) years in prison.
If the value of the property is between $1,500 an $25,000, then it will be a felony punishable by one (1) to ten (10) years in prison
If the value of the property is more than $25,000, then it will be a felony punishable by two (2) to twenty (20) years in prison.
If the property stolen is a firearm, then it will be a felony punishable by one (1) to ten (10) years in prison.

Theft by Shoplifting

Theft by Shoplifting is when a person, with the intent to appropriate merchandize for his own use without paying for it, does one of the following things:

conceals or takes possession of goods
alters the price tag
transfers the goods from one container to another
interchanges the label or price tag
wrongfully causes the amount paid to be less than the merchant’s stated price.

By law, a person charged with Theft by Shoplifting need not leave the store with the item. Often times, especially in larger retail stores, Loss Prevention Officers watch surveillance footage, in real time, to keep the store safe and will stop shoplifters before they even make it out of the store.

The State must be able to prove that the person charged with Theft by Shoplifting had three intents:

Intent to appropriate the property to one’s own use without paying for it
Intent to deprive the owner of the possession of it
Intent to deprive the owner of the value of it

Theft by Shoplifting (less than $500) is a misdemeanor charge punishable by no more than twelve months in jail and a $1,000 fine. However, depending on the number of convictions a person has and the circumstances of their shoplifting incident, the punishment may differ. For a 2nd conviction of misdemeanor shoplifting, there is a mandatory $500 minimum fine. For a 3rd conviction of misdemeanor shoplifting, there is a mandatory minimum of 30 days in jail or 120 days in a detention facility or house arrest.

Theft by Shoplifting can be a felony, under the following circumstances:

The property stolen was valued at greater than $500
The property stolen from multiple stores within one county within a 7 day time period was valued at greater than $500
The property stolen was taken from one store within 180 days and was valued at greater than $500
A 4th misdemeanor conviction (habitual violator)
A felony theft by shoplifting convictions carries a punishment of one (1) to ten (10) years in prison.

Often times, by a third or fourth conviction for shoplifting, it has become apparent that the individual needs mental health treatment and therapy to overcome a condition that is putting their life and liberty at risk.

At Rachel Kaufman Law, we take a holistic approach to representation and do all that we can to help our clients lead happier, healthier, and safer lives.

Theft by Deception

Theft by Deception is the obtaining of property by any deceitful means or artful practice with the intention of depriving the owner of said property. Deception is more than simple exaggeration.

To be guilty of Theft by Deception, the State must prove that the person had the intent to deceive. Pursuant to the statute, deception is intentional where the person:

Creates or confirms false impressions, which he knows or believes to be false; or,
Fails to correct false impression previously created or confirmed
Prevents another from acquiring information pertinent to disposition of property; or,
Sells, transfers, or encumbers property intentionally failing to disclose a legal impediment that is or is not a matter of official record, or,
Promises performance of services, which he does not perform and/or knows will not be performed.

This is the breakdown for criminal sentencing for THEFT BY DECEPTION charges:

If the value of the property is less than $1500, then it will be a misdemeanor charge punishable by no more than 12 months imprisonment and a $1,000 fine.
If the value of the property is between $1,500 and $5000, then it will be a felony punishable by one (1) to five (5) years in prison.
If the value of the property is between $1,500 an $25,000, then it will be a felony punishable by one (1) to ten (10) years in prison
If the value of the property is more than $25,000, then it will be a felony punishable by two (2) to twenty (20) years in prison.
If the property stolen is a firearm, then it will be a felony punishable by one (1) to ten (10) years in prison.
If the property stolen is of a value greater than $500 and the victim is 65 years or older, it will be a felony offense punishable by five (5) to ten (10) years in prison.

Entering Auto

Entering auto is defined as entering any automobile or other motor vehicle with the intent to commit a theft or a felony. No appropriation of property is necessary. It also does not matter whether the individual charged had the authority to enter the vehicle.

This is a felony charge punishable by one (1) to five (5) years in prison, however, a judge can sentence an individual as if the charge was a misdemeanor (for punishment purposes only; it would still be a felony conviction).