Criminal Law in Georgia: Theft, Larceny, Robbery and Shoplifting
Augusta GA Robbery Defense Lawyer
Theft, larceny, robbery and shoplifting are criminal actions that have serious consequences. Though largely considered as petty crime, penalties are harsh and social stigma harsher. A legal professional can be consulted in order to negotiate fines and reduce sentences.
Theft
Stealing anything of value is theft. The value of property that was stolen and prior record of such actions determines penalties for accused. Repeat offenders have their criminal history records affected when they are sentenced for a new crime. According to United States Sentencing Guidelines all kinds of charges including misdemeanors and petty offenses are also taken into consideration while determining penalty for new crime. Thus a small minor misdemeanor can become a felony and a felony could get a harsher sentence if criminal history shows pattern of repeated crimes. The law allows employers to check criminal backgrounds of potential candidates and even a small conviction for petty theft can have big repercussions.
Larceny
Theft by stealth is larceny. A larceny is charged when a person takes custody of personal belongings of another person without his or her knowledge (by trespass) with an intention of stealing and taking it away.
If there is an intention to return the property, you can make this a defense for theft charges. Thus the stolen property must be intact as well as retain its value in addition to being returned unconditionally for a valid theft defense to be considered by court. Conditional returns are theft and include:
• Defendant claims a reward for finding property.
• Defendant plans to sell the property back to owner.
• Defendant plans to claim refund for returning property back to owner.
Robbery
Robbery is forcefully taking away things of value form another and in the process scaring the victim. Robbery can use violence in order to bring terror into the action. Unarmed robbery accused can get a conviction of one to twenty years of imprisonment depending on circumstances leading to crime and previous convictions. In the state of Georgia, armed robbery accused can get a jail term of minimum ten years without parole. There have been circumstances wherein an armed robbery has been given the death sentence. Robbery involves both theft and larceny but is an aggravated form due to use of force.
Shoplifting
Theft of property of less than $500 with intent of stealing is shoplifting. The property must belong to a retail store and should have been sneaked out by switching price tags or altering them so that they cost much less than the original. If the good shoplifted are of less than $300, the accused is charged for a misdemeanor and if the value exceeds $300, the charge is felony. Georgia state gives store owner right to retain people suspected of shoplifting until the arrival of police but they are not allowed to subject victim to a physical search.