A Georgia Property Crimes Lawyer Who Is On Your Side
Under Georgia law, the category of crimes against property includes a wide variety of offenses. Some of these crimes, such as petty theft, are misdemeanors, while others can be charged as serious felonies. As a result, there can be a great deal of confusion for those who have been charged with a property crime in terms of the potential penalties they face and whether accepting a plea offer makes sense. Before making any decisions in your case, contact a Georgia property crime attorney to understand the charges you are facing and your best options.
Theft in Georgia
Theft is one of the most common property crimes that people face. Generally speaking, theft is the crime of taking the property of another person with the intention of permanently depriving them of possession. However, theft encompasses several different crimes, ranging from relatively minor crimes to felonies that could result in prison. The crime of theft can include the following charges:
- Theft by Taking involves physically stealing property from another person.
- Theft by Deception involves taking property from another person by deceptive means, such as misinformation.
- Theft of Services, where the accused allegedly obtained services without intending to pay for them.
- Theft by Conversion is when the accused lawfully obtains property to hold for another person but then sells or otherwise converts the property for their personal use.
- Theft by Receiving is when the accused received property that he knew or should have known was stolen.
This is not a complete list of the possible theft charges you can face. Each theft crime has its own unique elements that the prosecution must prove to convict you. Most importantly, the prosecution must prove intent. Some of these charges can be quite complex, such as theft by conversion or theft of services. Therefore, it is essential to understand what the prosecution must prove and what defenses are available to you. If you have been charged with theft of any sort, your best chance of avoiding conviction is to contact a property crime lawyer in Georgia as soon as possible.
Shoplifting
Shoplifting is one of the most common crimes in Georgia, and while it is less serious than other crimes of theft, you should not take a shoplifting charge lightly. An experienced property crimes attorney can evaluate the case against you, explain the potential penalties you face, and discuss how you should plead and whether you should consider a plea agreement.
Under Georgia law, shoplifting is defined as theft of merchandise without paying. This can include the following:
- Hiding the merchandise and removing it from the store;
- Altering or switching price tags;
- Concealing the item in another item, or
- Causes the wrong amount to be paid in any way.
Georgia law also contemplates that shoplifting can be committed by an individual or in concert with another person.
The potential penalties you face if convicted will vary according to the value of the property, your criminal history, and a few other circumstances.
- If the property was worth $500 or less, you will be charged with a misdemeanor. If convicted, you could face fines of up to $1,000 and up to one year in jail.
- If the property was worth more than $500, you would be charged with a felony. You could be facing between one and ten years in prison if convicted, as well as fines set by the court’s discretion.
- The likelihood of jail time and fines increases if you have one or two prior convictions for shoplifting property of $500 or less. You may also face probation, house arrest, and mandatory diversionary programs.
- If you have three or more prior convictions, you will be charged with felony shoplifting.
- You could face felony charges if you are accused of shoplifting from three or more stores within the same county during a period of seven days or less.
As you can see, the consequences of a shoplifting charge can be severe, even if it is your first offense. A Georgia property crimes lawyer can help you get a fair result.
Burglary in Georgia
Under Georgia law, burglary is the crime of breaking and entering into any structure with the intent to commit a felony once inside. However, it is important to note that the underlying offense need not be a property crime. In other words, you can be charged with burglary if the prosecution claims that you broke into a building and committed an assault. Conversely, you can be charged with criminal trespass or some other offense if you entered a property without permission but did not intend to commit a felony or other offense.
You can face two different types of burglary charges: first and second-degree burglary. Essentially, the difference between the two charges is whether or not the structure is intended to be a “dwelling” for residential use. If the building is a dwelling, you will be charged with first-degree burglary.
Burglary is a severe crime. Both first and second-degree burglary are felonies in the state of Georgia, and if convicted, you could face a prison sentence of anywhere from one to 20 years. The length of your sentence will depend on the underlying offense and whether you have prior burglary convictions on your record.
Entering Auto
It is also a crime to enter any motor vehicle with the intent to commit a theft or a felony. You can be charged with the crime of entering an automobile even if you did not steal the car or any items within the car. All the prosecution must prove is that you have the intent to commit a theft or have committed some other felony.
Many people are surprised to learn that entering an automobile is a felony charge in Georgia. If convicted, you could face anywhere from one to five years in prison. For this reason, the best thing you can do is work with an experienced property crimes defense attorney in Georgia to ensure that you get a fair result.
Arson
Arson is the crime of causing damage to property by fire or explosion. There are three different degrees of arson in Georgia, each of which is charged as a felony offense. The potential consequences you face if convicted of arson are as follows:
- First-degree arson: Prison up to 20 years and a fine of up to $50,000
- Second-degree arson: Imprisonment of up to 10 years and fines of up to $25,000
- Third-degree arson: Imprisonment up to 5 years and fines of up to $10,000
If you have been charged with arson, the best thing you can do is contact a Georgia property crimes attorney right away.
Charged with a Property Crime? Contact Georgia Property Crimes Lawyer Gabe Winters Today
Property crimes are serious offenses that can carry severe consequences. In addition to incarceration and heavy fines, a conviction could damage your future for years to come. Contact Georgia property crimes attorney Gabe Winters to schedule a free consultation to discuss your case with someone who knows how to get fair results.