Athens Theft Lawyer

Athens Theft Attorney in Athens, GA

Facing theft charges can leave you feeling overwhelmed. Whether the charge stems from a disagreement with a friend over a borrowed item, a shoplifting incident, or giving away a rented item, you need an Athens theft lawyer to review the facts of your case and offer advice on your next steps. A theft charge can have a long-lasting negative effect on your future. You need a strong advocate looking out for your interests.

Hire a Theft Lawyer

In Georgia, there are several types of theft, which include theft by taking, theft by shoplifting, and theft by conversion. The penalties can be severe based on the total dollar amount of the items allegedly taken. When facing theft charges, you need to hire a theft lawyer from the Law Offices of Adam M. Cain, LLC. With over 20 years of experience with the Georgia court system, our firm can review your case and devise a comprehensive defensive strategy.

Georgia Theft Rates

Theft is considered a non-violent crime, but it can result in large monetary losses for victims. As such, it is considered one of the non-violent index crimes. Index crime rates are monitored by the Uniform Crime Reporting Program and provided to the public by the Georgia Crime Information Center. In 2024, there were a total of 126,572 thefts reported by citizens in Georgia, resulting in one theft every four minutes and nine seconds. Additionally, Criminal Defense considerations:

• There were 1,206.1 thefts per 100,000 people.
• Theft represents 61.6% of all index crimes.
• There were 18,205 total arrests for theft.
• The average age range of offenders was 22 to 39.

If you are facing theft charges in Athens, misdemeanor and shoplifting charges are primarily heard in municipal court, while felony charges are heard in superior court. All cases are heard at the Athens-Clarke County Courthouse.

Different Types of Theft in Georgia

For a crime to be considered theft, it must meet certain criteria. For instance:

• The property in question must be owned by someone other than the accused.
• The property must have value.
• There must be proof of the property’s value.
• The property’s owner is restricted from using that property by the defendant.
• The accused intended to deprive the owner of the use of their property in question.

Several categories of theft are recognized in Georgia. Being convicted of any of these types of theft can result in a range of penalties, including incarceration, fines, and restitution. The kinds of theft include the following:

• Theft by taking involves depriving someone of their property, regardless of the manner in which the property was obtained.
• Shoplifting entails taking merchandise from a store without paying.
• Theft by deception uses deceit to gain possession of someone else’s property.
• Theft by conversion is the use of a lawfully obtained item in a manner that was not agreed to for personal gain.
• Receiving stolen property involves accepting property that is known to be stolen without the intention of returning it to its owner.
• Theft of services entails contracting for services without the intention of paying for those services.
• Theft of trade secrets involves learning a trade secret with the express intention of using that trade secret for personal gain.
• Theft by extortion entails obtaining someone else’s property through threats or intimidation.

FAQs

What Are Common Theft Defenses in Georgia?

Possible defense strategies vary with the specifics of your case, but there are some commonly used defenses against theft cases in Georgia. You could provide an alibi to demonstrate your innocence or to show that the victim or witnesses identified you by mistake. You could prove that you actually own the item in question or thought you owned the item at the time it was taken. You could also claim entrapment, false accusations, or lack of intent.

What Evidence Is Needed for Theft by Deception in Georgia?

Theft by deception requires specific circumstances in Georgia. Prosecutors must prove that:

• The accused falsely represented an existing fact with the intention of deceiving the alleged victim.
• The alleged victim relied on the false information when they decided to give the accused their money or property.
• The property had monetary value, and its exact value must be known.

How Do You Determine If a Theft Is a Felony or a Misdemeanor in Georgia?

In general, to determine if a theft is considered a felony or a misdemeanor, the value of the taken item is considered. When the item’s value is small, the theft is usually considered a misdemeanor. Once the value of the stolen item surpasses a specific threshold, the theft is considered a felony. However, some items always result in a felony when they are stolen, such as firearms, explosives, motor vehicles, and controlled substances.

Can Felony Theft Charges Be Reduced to Misdemeanor Charges in Georgia?

Yes, it is possible to have felony theft charges reduced to misdemeanor charges in Georgia. Through an experienced theft attorney’s negotiations, you could agree to specific terms in a plea agreement in exchange for the charges being reduced. You may qualify for a pre-trial diversion program if you are a first-time offender. Judges also have the discretion to reduce certain felony charges to misdemeanors for first-time offenders.

Can Theft Charges Be Expunged in Georgia?

Yes, theft charges could be expunged if the charges were dismissed, the trial ended in an acquittal, or the defendant qualifies under Georgia’s First Offender Act. This act allows certain non-violent charges to be expunged after the sentence is completed. If the First Offender Act does not apply, some misdemeanor charges can be expunged after:

• The sentence has been completed.
• A certain number of years have passed since the conviction.
• Other case-specific requirements are met.

Contact the Law Offices of Adam M. Cain, LLC

Since 2013, our firm has fought for the rights of Georgia residents. Even small charges can result in big consequences. You don’t have to face a complicated legal process with complex theft laws by yourself. An Athens theft attorney can advocate for your rights and secure a satisfactory outcome in your case. Contact the Law Offices of Adam M. Cain, LLC, today to schedule a confidential consultation.