Property Crimes in Georgia

Property Crimes in Georgia

Navigating the complexities of Georgia’s property crime laws can be daunting. These laws encompass a wide range of offenses, each carrying its own set of penalties, from fines to jail time. Property crimes can involve anything from taking physical items, failing to pay for services, or even misrepresenting work to extort money. Understanding these nuances is crucial if you’re facing charges.

At Downie Law, LLC, I, Jack M. Downie Sr., have over a decade of experience handling property crime cases. I’m well-versed in the subtle differences that define each type of property crime, and I’m committed to building a strong defense for you. Your future and the future of your loved ones are at stake, so don’t wait. Contact me today for a free consultation.

Examples of Property Crimes in Georgia

Here are just a few of the many types of property crimes in Georgia:

• Armed Robbery: Unlike simple robbery, armed robbery involves the use of a weapon during the taking of property, resulting in heightened penalties.
• Burglary: Burglary in Georgia occurs when someone unlawfully enters a structure with the intent to commit a felony. The law has evolved to include any structure and no longer requires the crime to occur at night.
• Conversion of Payments for Real Property Improvements: This crime occurs when a contractor misuses payments intended for property improvements, such as collecting money but failing to pay subcontractors.
• Entering Auto: This offense happens when someone enters a vehicle with the intent to commit theft or another felony, similar to burglary.
• Hijacking a Motor Vehicle: Hijacking involves using a weapon to forcefully take a vehicle, differing from entering auto by the element of violence or intimidation.
• Hijacking an Aircraft: This serious crime involves using force or intimidation to alter the course of an aircraft.
• Owning, Operating, or Conducting a Chop Shop: Operating a facility that disassembles stolen vehicles for parts is a felony in Georgia, and aiding, abetting, or conspiring in such activities is also punishable by law.
• Possession of Tools for the Commission of a Crime: Merely possessing tools intended for burglary or theft can lead to a conviction, even if the crime is not completed.
• Refund Fraud: Similar to other theft crimes, refund fraud can be charged as a misdemeanor or felony based on the value of the goods involved.
• Removal, Larceny, or Abandonment of Shopping Carts: It’s illegal to remove shopping carts from their premises without permission or abandon them in unauthorized areas.
• Robbery: In Georgia, robbery involves taking property from another person using force, intimidation, or snatching.
• Shoplifting: This common theft crime occurs when someone takes merchandise without paying or intentionally deprives the owner of its value.
• Smash and Grab Burglary: This crime involves breaking into a retail establishment, stealing items, and making a quick getaway. It’s heavily punished in Georgia.
• Theft by Bringing Stolen Property into the State: This crime involves knowingly bringing stolen property into Georgia, with penalties based on the property’s value.
• Theft of Cargo: Cargo theft involves taking goods with the intent to deprive the owner, with penalties varying based on the value of the stolen goods.
• Theft by Conversion: This crime occurs when someone uses money or property entrusted to them for a specific purpose for their own use.
• Theft by Deception: Deceitfully obtaining property from another person constitutes theft by deception, with various methods outlined under Georgia law.
• Theft by Extortion: This crime involves using threats or intimidation to gain control over someone else’s property, with six specific methods outlined in Georgia law.
• Theft of Livestock: In Georgia, stealing livestock—such as horses, cattle, or sheep—is a serious crime with severe penalties.
• Theft of Lost or Mislaid Property: Failing to return lost or mislaid property to its rightful owner can result in charges of theft.
• Theft by Receiving Stolen Property: This crime involves knowingly receiving goods that were stolen, with penalties depending on the value of the property.
• Theft of Services: This offense occurs when someone receives services without intending to pay, such as hiring a maid and not paying for the cleaning.
• Theft by Taking: The most common theft offense, this involves unlawfully taking possession of someone else’s property.
• Theft of Trade Secrets: Stealing valuable company information, like formulas or client lists, is heavily punished under Georgia law.

Penalties for Property Crimes in Georgia

The penalties for property crimes in Georgia largely depend on the value of the property involved. Crimes involving property valued at less than $500 are typically treated as misdemeanors, while those involving property valued over $500 are often classified as felonies. Judges have discretion in how they treat these cases, with penalties ranging from fines and probation to prison sentences. Additionally, victims may file civil lawsuits for restitution.

Georgia Case Law on Property Crimes

In Graham v. State, the defendant was convicted of theft by taking after failing to deliver on a contract to build kitchen cabinets despite receiving $5,600 from the victim. The court found Graham guilty because he did not complete the project and failed to return the money, demonstrating fraudulent intent (337 Ga. App. 664, 2016).

In Lockridge v. State, the defendant was convicted of felony shoplifting after being caught concealing items in a bag of mulch at Home Depot. The total value of the stolen goods was $536.80, which warranted a felony conviction (335 Ga. App. 611, 2016).

Defenses to Property Crimes in Georgia

Possible defenses to property crimes include:

• Consent: Proving that you had permission from the owner to possess the property can be a complete defense.
• Innocence: An alibi or witness testimony supporting your innocence can be critical in securing an acquittal.
• Lack of Evidence: If there isn’t sufficient evidence to prove the crime, your attorney can seek a dismissal of the charges.
• Lack of Intent: If you did not intend to commit the crime, this could be a valid defense for certain theft offenses.
• Mistake as to the Value of the Property: Misjudging the value of the property could mean the difference between a misdemeanor and a felony charge.

How Downie Law, LLC Can Help

Property crimes encompass a wide range of offenses, each with its own complexities. At Downie Law, LLC, I have extensive experience in property crime cases and know how to build a strong defense tailored to your situation. Remember, being charged with a crime is not the same as being convicted. There are always defenses available, but it requires the expertise of an experienced attorney to explore your options and negotiate the best possible outcome.

Contact Downie Law, LLC

Having an experienced Georgia Property Crime Attorney is crucial to navigating the legal complexities and protecting your rights. I am dedicated to defending you against these charges and will be with you every step of the way. I’m available anytime—days, nights, and weekends—because your case matters. Don’t wait; contact me today at (912) 537-9265 or jack@downielaw.net to schedule a consultation. A property crime conviction can have serious consequences, so it’s important to act quickly.