In Georgia, the crime of larceny, or theft by taking, means to obtain property of another without their permission, or the authority of the law, and with the intent to permanently deprive them of their item. To deprive refers to withholding property either temporarily or permanently. It also includes disposing of the individual’s property in a manner that makes it unlikely the owner will recover it. Property of another refers to any item a person has an interest in or ownership.

Does It Matter If My Alleged Theft Is Considered Constructive Larceny?

No. Constructive larceny refers to any action that can be interpreted as the taking of property of another without consent and with the intent to permanently deprive. According to Georgia law, it does not matter how the person obtained the property or whether it was kept permanently or temporarily.

Why Is the Value of Property So Important in a Theft Charge in Georgia?

In Georgia, the value of property determines the severity of the punishment. For example, a misdemeanor charge will result if the property is valued at $1,500 or less. The crime of theft by taking will be charged as a felony if the property stolen was valued at more than $1,500. However, the judge is able to lower a felony theft by taking charge to a misdemeanor if they think it is appropriate.

 

The value of the property taken is even more important if the charge is a felony because there are three different punishment levels for different amounts. The different amounts are $1,500.01 – $4,999.99,  $5,000 – $24,999.99, and $25,000 or more.

What Is the Punishment for Property Stolen That Is Valued at More Than $24,999.99?

According to state law, a person may be sentenced to two to 20 years in prison for taking property more than $24,999.99. A person may also be sentenced to only a year in jail and/or a $1,000 fine if the judge decides to lower the charge from a felony to a misdemeanor.

Will a Lawyer Represent Me in a Theft by Taking Case?

Yes. Contact a Georgia lawyer immediately to find out about the possible defenses. Your lawyer will work to get you a plea deal or reduced charge. If a deal cannot be reached, your lawyer will present a defense to show a jury your innocence.