In Georgia, theft by deception is the crime of getting property by any deceptive means with the intention to permanently deprive the owner. Theft by deception is a crime where the punishment typically depends on the value of the property. However, the crime is seen as more serious when the victim is an elderly person.
What Does It Mean to Deceive Someone?
Under Georgia law, to deceive someone means to:
- Create an impression in the victim’s mind about a false past event or false fact
- Fail to correct the victim’s false impression of a fact or past event
- Prevent another individual from obtaining information that is pertinent to a piece of property central to the theft
- Promise to perform a service without any intention to perform the service
- Selling or transferring property and intentionally not telling about any valid liens or adverse claims against the property
What Is Theft by Deception of an Elderly Victim in Georgia?
Theft by deception of an elderly victim occurs when a person commits the crime of theft by deception against a person who is 65 years old or older. Also, the value of the property involved is $500 or more. If the property involved is valued at less than $500, then the crime is a standard misdemeanor theft by deception.
What Is the Punishment for This Crime?
A person convicted of committing theft by deceiving an elderly person faces five to 10 years in prison. Unlike felony theft by deception, a judge does not have discretion to lower theft by deception of an elderly person to standard misdemeanor theft by deception.
Should I Hire a Lawyer?
Legal representation can help you fight your theft by deception charge. Hire a Georgia lawyer immediately to start working on and positively resolving your case.