The general definition for theft by conversion is the crime of obtaining personal property of another and then converting it into funds. These funds are then used by the person without the consent of the other individual.
What Is Theft by Conversion in Georgia?
Theft by conversion in Georgia begins with lawfully obtaining another individual’s property or funds. The perpetrator then uses the funds or property for their own use without the lawful owner’s permission. The property can be personal property or real property.
What Is Considered Personal Property in Georgia?
According to Georgia law, personal property refers to any property with the replacement value more than $100.00. This excludes any late fees or other penalties that may raise the value of the property.
What Are Some Examples of Theft by Conversion?
Examples of theft by conversion includes:
- Leased personal property not returned
- Rented personal property not returned
- Payment not applied to an account, but used for other purposes instead
Are Theft by Conversion and Theft by Deception the Same Crime in Georgia?
No. Theft by deception is the criminal act of using false pretenses to obtain someone’s property. The false pretense includes making a claim about a past event or existing fact. Theft by conversion does not include making false claims or wrongfully obtaining the property. Instead, the person takes the property from someone else legally before deciding to keep or use the property.
Is Theft by Conversion a Felony or Misdemeanor?
The crime can be either a felony or misdemeanor. What a person is charged with depends on the value of the property. Theft by conversion involving property valued at $1,500 or under is a misdemeanor. If the amount is over $1,500, then it is a felony.
What Is the Punishment for Theft by Conversion?
The misdemeanor punishment for theft by conversion is up to 12 months in county jail and/or a $1,000 fine.