When you are charged with theft, it’s important to understand that this is not a matter that should be taken lightly. Theft is a serious crime, and the penalties you can face as a result can be intense. Not only do you risk time spent in jail and fines paid to the court, but you may also be ordered to pay restitution to the victims. If this represents your circumstances, understanding what constitutes theft and how restitution is determined is critical. The following blog explores these details and the importance of working with a Cobb County criminal defense lawyer so you can know what to expect in these circumstances.
What Are Common Theft Charges and Their Penalties?
It’s important to understand that there are numerous different offenses in Georgia that all fall under the umbrella of larceny. Though you may assume that “stealing is stealing,” the charges you can face depend on the circumstances of the theft and the value of the property. Theft can be physical, such as forcibly taking someone’s wallet, or non-physical, such as deceiving someone into giving you money. Additionally, this can be a misdemeanor or felony offense.
It’s also important to understand that shoplifting and extortion, among other charges, have their own separate definitions and penalties despite falling under the act of larceny.
Generally, if you are charged with theft of goods or services valued at $1,500 or less, you will face a misdemeanor offense. This carries up to one year in jail and a fine of up to $1,000. If the value of the goods stolen is over $1,5000, you face a felony theft offense, which carries between one and five years in prison for items worth $1,500 to $5,000 and one to ten years in prison for items valued between $5,000 and $25,000. Theft of items valued at over $25,000 can result in two to twenty years in prison.
What Is Restitution and How Is This Determined?
If you are convicted of a theft offense in Georgia, you may need to pay restitution to the victim. Restitution serves to compensate the victim for the value of the item stolen. Additionally, if you cause property damage as part of the act of theft, you can be ordered to pay the cost of the item damaged, such as the cost of repairs for a broken window.
To calculate restitution, the victim will discuss the value of their losses with the prosecution. If you disagree, you can request a restitution hearing in which the prosecution will have to show how they determined the value of the items. The judge will then issue a decision on the matter.
If you are required to pay restitution as part of your sentence or as a condition of your parole, you will make the payments to the Georgia Department of Corrections. Failure to make payments can result in a violation of your parole.
As you can see, theft charges can be incredibly complicated, which is why it’s imperative to connect with an experienced criminal defense attorney. At Miller Law Practice, our dedicated criminal defense team can help tyou explore your legal options to fight for the best possible outcome during these matters. When you need help, our firm is here. Contact us today to learn more.