Georgia, like most states, has many different classifications for theft offenses. As such, understanding what warrants each offense is critical. Additionally, if you have been charged with larceny, you should familiarize yourself with the penalties you can incur and the potential defenses that may be applicable to your case. The following blog explores these matters, and the importance of connecting with a Cobb County criminal defense lawyer, in further detail.
What Constitutes a Larceny Offense?
Larceny is a general term used to describe theft offenses. As such, in Georgia, this is also commonly referred to as theft by taking. This is not the same as theft by deceptions, which encompasses schemes and scams like fraud or embezzlement.
Essentially, any time you knowingly and unlawfully take property that does not belong to you with the intent to deprive the rightful owner of said property, it is considered larceny. For example, if you intentionally take someone’s purse when they are not looking, this would constitute a larceny offense.
What Penalties Can I Face?
It’s imperative to understand that the penalties you will face depend on the value of the item taken. As such, you can be charged with petit larceny or grand larceny. Petit larceny is a misdemeanor offense often charged to those who take items valued at less than $1,500 or less. Grand larceny is charged when the value of the items taken is greater than $1,500. This offense also includes the stealing of motor vehicles, regardless of their value.
If you are charged with petit larceny, you will face a misdemeanor charge carrying up to one year in prison and fines of up to $1,000. Grand larceny, on the other hand, is a more serious offense. As such, if convicted, you can face a felony offense. The sentence you fae depends heavily on the value of the property. For example, if the value of the property is between $1,500 and $5,000, you can be sentenced to up to three years in prison, while theft of property valued at over $25,000 can result in two to twenty years in jail.
Are There Any Potential Defenses?
Facing accusations of larceny in Georgia can be incredibly overwhelming. However, there may be defenses that you can utilize to help protect yourself in these instances. Generally, one of the most effective ways to protect yourself is to show that the theft was accidental. To hold you accountable, the prosecution must be able to show that the theft was intentional. If, for example, you are working in a coffee shop and accidentally take another person’s laptop, mistaking it for your own, the prosecution would have a hard time showing this is anything more than a mistake.
Another defense is that it is a case of mistaken identity. In many instances, theft happens quickly. As such, if the victim did not get an adequate look at the thief, they may believe it to be you if you look similar. Additionally, grainy security footage may make it difficult to determine if you are the perpetrator or not. However, you can work with your attorney to prove otherwise.
As you can see, larceny charges can be incredibly complicated to navigate. That is why it’s in your best interest to connect with an experienced attorney from Miller Law Practice to explore your legal options. Our firm understands how complicated and nerve-wracking the criminal justice process can be, which is why we are here to guide you through. When you need help, do not hesitate to contact our team today.