A Gwinnett County Theft Lawyer Can Protect Your Rights

Theft charges can take many forms, ranging from allegations of shoplifting a drink from a gas station to stealing a vehicle worth thousands of dollars. No matter the specifics of the charge, it is crucial that you have the support of skilled legal counsel following a theft arrest.a

At Winters Law, LLC, we understand the high stakes when facing a theft charge. We will work tirelessly to build the strongest defense strategy possible and help you secure the outcome you deserve. Reach out to a Gwinnett County theft lawyer today to learn more.

What Is Considered Theft Under Georgia Law?

In Georgia, theft is broadly defined under O.C.G.A. § 16-8-2 as unlawfully taking someone else’s property with the intention of depriving the owner of it. This covers a wide range of conduct, including:

Shoplifting
Theft by taking
Theft by deception
Theft of services
Receiving stolen property

What is important to remember is that you do not have to actively take something from another person to be guilty of theft. The state could secure a conviction simply by proving that you were knowingly in possession of stolen goods.

In Gwinnett County, the severity of the charge depends primarily on the value of what was stolen. While every theft offense is a serious matter, a conviction for a high-dollar theft can lead to years in prison. Our attorneys can help you fight back against these allegations regardless of the nature of the charges against you.

Theft vs. Burglary Charges in Gwinnett County

Many people confuse theft with burglary, but they are distinct offenses. Theft refers specifically to the act of unlawfully taking property. Burglary, on the other hand, involves entering a building or structure without permission with the intent to commit a crime inside — often, but not necessarily, theft.

For example, shoplifting a shirt from a store during business hours is theft. Breaking into the store after hours with the intention to steal is burglary. Burglary is almost always charged as a felony and typically carries more severe penalties due to the element of unlawful entry. Theft may be either a misdemeanor or a felony, depending on the circumstances.

Understanding this distinction is essential, especially if you’re charged with multiple crimes stemming from a single incident. A knowledgeable attorney can often work to separate or reduce charges by challenging how the prosecution interprets your conduct.

Common Theft Offenses in Gwinnett County

Our firm is prepared to work tirelessly on your defense regardless of the specific allegations against you. That said, understanding the types of theft offenses that can be charged under state law could be helpful. Some common examples include the following:

Shoplifting

One of the most common theft-related charges in Gwinnett County is shoplifting. Shoplifting is generally defined as taking merchandise from a store with the intent to steal it. This can include more than just walking out of a store with an item you didn’t pay for. Other examples include altering price tags or switching containers in an effort to defraud the retailer.

Theft by Taking

This refers to unlawfully taking someone else’s property outright. No deception or forced entry is required; this offense is about simply taking something that does not belong to you.

Theft by Deception

This involves obtaining someone else’s property by deceit, such as false promises or misrepresenting facts. It often arises in fraud or scam-related cases. You could be charged with theft by deception, despite someone willingly handing over your property, if you used fraud to obtain it.

Theft of Services

This occurs when someone intentionally avoids paying for services they received, such as walking out on a restaurant bill or not paying a contractor.

Receiving Stolen Property

Knowingly possessing stolen items can result in theft charges, even when you had nothing to do with the theft yourself. Prosecutors must show you knew or should have known the property was stolen.

Penalties for Theft in Georgia

The consequences of a theft conviction primarily hinge on the value of the allegedly stolen property. For example, if the value is:

Less than $1,500: Up to 12 months in jail and a $1,000 fine
More than $1,500 but less than $5,000: Between one and five years in prison
Between $5,000 and $25,000: From one to 10 years in prison
More than $25,000: Up to 20 years in prison

In every case, the consequences go beyond incarceration. You can also expect to face so-called collateral consequences, which are not directly part of your criminal case. For example, a theft conviction could affect your immigration status, job prospects, college admissions, and more. Felonies can even cost you your rights related to voting or owning firearms.

Winning Defense Strategies

Facing theft charges doesn’t mean you’re guilty. Prosecutors must prove beyond a reasonable doubt that you acted with criminal intent. A knowledgeable Gwinnett County theft lawyer can explore multiple avenues of defense depending on the facts of your case.

Lack of Intent

One of the most effective defenses in a theft case is showing that you did not intend to steal. You may have mistakenly believed the property was yours, or you may have forgotten to pay. This is especially true in shoplifting cases where items were unintentionally left in a bag or cart.

Mistaken Identity

If there is no clear surveillance or eyewitness testimony, the prosecution’s case may rest on assumption or circumstantial evidence. Your lawyer may be able to show that you were misidentified or had no connection to the alleged theft.

Ownership Dispute

In some cases, the property at issue may have been jointly owned or loaned to the defendant. Proving a legitimate ownership claim can help drop or reduce the charges.

Illegal Search or Seizure

If law enforcement found the alleged stolen property through an unlawful search or without probable cause, your attorney may file a motion to suppress that evidence. Without key evidence, the prosecution’s case may collapse.

Lack of Evidence

Many theft cases are based on weak or circumstantial claims. Your lawyer may argue that there is insufficient evidence to prove every element of the charge. Our firm often focuses on the lack of evidence that our client intended to deprive the owner of the item that we took.

Why You Need a Gwinnett County Theft Lawyer

Even if the alleged theft seems minor, it can have major consequences for your future. A skilled Gwinnett County theft lawyer can assess your case from every angle, negotiate with prosecutors, and protect your constitutional rights. Whether it’s a matter of mistaken identity, a misunderstanding, or a lapse in judgment, your attorney can help you avoid the harshest outcomes. Your lawyer may be able to:

Push for a reduction of your charges
Negotiate a diversion program if you are a first-time offender
File a motion to dismiss your case
Handle your case at trial
Present mitigating factors during sentencing

Working with an attorney familiar with Gwinnett County judges, prosecutors, and court procedures gives you a strategic advantage. Your freedom is too important to face these charges on your own.

Learn How A Gwinnett County Theft Lawyer From Winters Law, LLC Can Help

If you have been accused of theft, now is the right time to explore your legal options. Winters Law, LLC can help you review the strength of the case against you and determine the right path forward. Get in contact as soon as possible for a free consultation with a Gwinnett County theft lawyer.

Frequently Asked Questions

What is the most important thing I should do right after being charged with a theft crime?

Contact a Gwinnett County theft lawyer immediately and avoid speaking to the police or anyone else about the incident. Your attorney can help protect your rights and start building your defense right away.

What is the typical process for a theft case in Gwinnett County?

After arrest, your case will go through arraignment, discovery, pretrial motions, and potentially a trial. Many cases are resolved through plea deals or diversion programs before reaching trial. Your lawyer can guide you through each stage.

Is there an option for first-time offenders to have the case dismissed?

Yes. First-time offenders may qualify for pretrial diversion programs or conditional discharge. These options often require you to meet certain conditions, but can ultimately lead to the charges being dismissed.

What should I do if I missed my court date?

Missing court can result in a bench warrant for your arrest. Contact your attorney immediately to address the issue and file a motion to recall the warrant. The sooner you act, the better your chances of resolving it without additional penalties.

Will a theft conviction stay on my record forever?

Yes. Theft convictions in Georgia generally cannot be expunged. However, if your case is dismissed or resolved through a diversion program, you may avoid a conviction. That’s why early legal intervention is so important.