The terms larceny and theft might feel interchangeable, but they are distinct concepts within the realm of criminal law. While both involve unlawfully depriving someone of their property, understanding the nuances is critical, especially if you're facing charges. Theft, for instance, has many forms, including theft by conversion, theft by deception, theft by extortion, and theft by taking. One of the most common types of theft in Georgia is theft by taking, commonly referred to as larceny.

Our team at The Abt Law Firm can help you better understand the key differences between larceny and theft, the possible consequences of being convicted, and what to do if you face such charges in Georgia.

What is Larceny?

Larceny is defined as the unlawful taking of someone else’s property or services with the intent to permanently deprive them of it. The property involved can be personal property (such as a cellphone, jewelry, or a wallet) or real property (such as land).

For example, if a person takes valuable electronics from a store without paying or steals someone’s purse intending to keep it, that constitutes larceny. On the other hand, failing to pay for services provided, such as a repair job or a meal at a restaurant, may also fall under the scope of larceny as theft of services.

It’s essential to note that you cannot commit larceny if you are at least a partial owner of the property in question. Ownership rights play a critical role in determining whether or not an offense is classified as theft.

What is the Difference Between Larceny and Theft?

While larceny is a specific criminal act, theft serves as an umbrella term for various unlawful acts involving stolen property or services. Other common types of theft include the following:

• Theft by Conversion: Using someone else’s property for a purpose that explicitly violates an agreement, such as borrowing money for one purpose and misappropriating it for another.
• Theft by Deception: Gaining control over someone else’s property through deceit or fraudulent promises. For example, convincing someone to transfer funds for a fake investment scheme.
• Theft by Extortion: Illegally obtaining property by threatening to expose sensitive information or cause harm if the property is not surrendered.
• Petty Theft and Grand Theft: These categories primarily refer to the dollar value of the stolen items or services.

Understanding these distinctions can help clarify what type of charge someone may face.

Is Larceny a Felony or Misdemeanor in Georgia?

The classification of larceny as a misdemeanor or felony in Georgia depends largely on the value of what was stolen. Some potential charges include:

• Misdemeanor Larceny: If the stolen item or service is valued at $500 or less, the crime is usually charged as a misdemeanor. Convictions carry penalties of up to 12 months imprisonment and fines up to $1,000.
• Felony Larceny: If the stolen item is valued over $500, the crime typically constitutes a felony. However, under certain circumstances, a judge may reduce the charge to a misdemeanor. Felony convictions carry much stiffer penalties, including imprisonment that ranges from 1 to 10 years and fines up to $100,000.

It’s also important to be aware of the civil consequences. Victims of theft have the right to pursue civil charges against the offender to recover damages such as compensatory damages, liquidated and exemplary damages, as well as attorney fees and court costs.

What is Grand Larceny vs. Petty Larceny?

Grand larceny and petty larceny are terms often associated with the value of the stolen property or services.

Grand larceny involves theft of items with significant monetary value, such as luxury vehicles, high-value jewelry, or expensive electronics. It is often classified as a felony.

Whereas, petty larceny, sometimes referred to as petit larceny, involves lower-value theft crimes. While still illegal, these are less severe and are typically charged as misdemeanors. For example, shoplifting inexpensive goods would constitute petty larceny.

Potential Defenses Against Larceny Charges

Facing a larceny or theft charge can be stressful, but there are several potential defenses. Some may include the following:

1. Lack of Intent: Prosecutors must prove intent to permanently deprive the owner of their property. If the accused never intended to keep the property, this could serve as a defense.
2. Mistaken Identity: Innocent people are sometimes wrongfully accused. Proving you were not the person responsible for the theft could absolve you of charges.
3. Ownership Claim: If you owned or partially owned the property, it might not qualify as larceny.
4. Entrapment: If someone was coerced or tricked into taking property, this defense might apply.

Every case is unique, and an experienced criminal defense attorney can evaluate your situation to build the strongest possible defense.

The Role of an Experienced Larceny Lawyer

If you are facing a larceny charge, having the right legal representation is crucial. A knowledgeable larceny lawyer will guide you through the complexities of Georgia law, help evaluate the evidence, and fight to achieve the best possible outcome for your case.

Atlanta Theft Crime Lawyers

At The Abt Law Firm, LLC, we understand how daunting it can be to face larceny or theft charges. With years of experience defending clients across Georgia, we know what it takes to protect your rights. Whether you’re charged with petty larceny, grand larceny, or any theft offense, our attorneys are here to fight for you.

We are committed to creating personalized defense strategies that aim to reduce penalties, dismiss charges, or secure the most favorable conclusion to your case. Additionally, we can help mitigate potential civil consequences, such as compensatory damages.

Don’t wait to seek help. Your future and freedom are too important to leave to chance. Contact our experienced team at The Abt Law Firm, LLC today to schedule a free consultation. Contact us today to learn more about how we can help defend your rights.

Whether you’re dealing with allegations of grand larceny, petty theft, misdemeanors, or felonies, The Abt Law Firm is here to be your trusted advocate every step of the way.

How Serious Of A Crime Is Shoplifting?

Shoplifting is one of the most common crimes in the United States. People of all ages, genders, educational, economic, and cultural backgrounds may commit this crime. While shoplifting is often described as a "victimless" crime, it considerably impacts employees, consumers, the economy, and businesses. Nearly all retailers have extensive camera networks, uniformed and non-uniformed security personnel, and technology that makes it easy to detect shoplifting. If you find yourself facing misdemeanor or felony shoplifting charges, it's critical to have legal representation.

What Shoplifting Is

Shoplifting is the act of taking a product without paying for it. Adolescents are the most likely to shoplift and get caught, as their actions typically involve low-value items. Adults also engage in shoplifting. Adults are more likely to use creative strategies, so they may shoplift a few times before they get caught. One example of shoplifting is switching price stickers on items. Another example is using the self-checkout and scanning a low-value item but bagging a high-value item in its place.

Criminal Shoplifting Charges

You don't have to have a successful shoplifting experience to be charged with shoplifting. You may be charged with shoplifting if you're caught on camera hiding unpaid items in your bag, clothing, or person. Misdemeanor shoplifting is when you shoplift items up to $400 in value. That could be one item or many items. Felony shoplifting charges may be pressed if you take items more than $400 in value in one shoplifting event.

What Could Happen If You're Caught Shoplifting From a Store

If you're caught shoplifting from a store, the store may call the police. The police may arrest you or give you a summons to go to court. This may depend on your age and the value of the items. You may be charged with an infraction, a fine, and possibly probation. If you're accused of a misdemeanor, you could face fines of up to $1,000 and as much as six months in jail. Felony or grand theft charges for shoplifting include higher fines and a longer jail or prison time period. These charges will stay on your record. If you're arrested for shoplifting, you must hire an attorney as quickly as possible.

If you're facing any criminal charge related to shoplifting, you need a lawyer to explain your rights. We offer legal consultations and representation for people who are facing shoplifting charges. If you're the parent or guardian of a minor charged with shoplifting, we're prepared to provide you and your family with legal counsel. For more information or to schedule a consultation, contact us at Abt Law Firm, LLC, today.

A teenager often acts impulsively, especially around friends. Many times, this results in harmless teenage antics, but when a person is in a retail store and takes or conceals merchandise, even if he or she does not make it out of the store, there is the potential for serious charges. This may include jail time and a criminal record that will haunt a person for the remainder of his or her life.

Accordingly, Georgia has made changes to its law that results in charges of a felony if a person is found to be in possession of merchandise valued at more than $500.00. Despite this being an increase over the previous amount, this remains a surprisingly small number – even the right pair of shoes can exceed it – and many people who are charged with shoplifting are shocked to find themselves facing a felony conviction and all the trouble that brings with it. The way Georgia law works, a person can exceed this minimum felony threshold by taking merchandise from different establishments over a seven-day period. A person convicted for the third time must serve mandatory time incarcerated. In addition, a person who has been previously convicted of three shoplifting charges, regardless of the amount, automatically will face felony charges for the fourth charge.

There are many different actions that fall within the category of shoplifting, including:

• Concealing or asserting possession over merchandise and removing it from the retail establishment;
• Changing the price that rings up on the register through modification or replacement of the price tags;
• Exchanging price tags with a lower priced item;
• Moving merchandise from one container to another in order to remove items from the retail establishment or merchant without paying for the product or without paying the price determined by the store; or
• Using some other method to avoid paying for the merchandise or paying less than the amount being charged by the retail establishment or merchant.

In Georgia, a person does not have to leave the store with the merchandise in order to be charged with the crime of shoplifting. See O.C.G.A. § 16-8-14.

The punishment increases as the crime charged becomes more serious. A misdemeanor charge for shoplifting merchandise valued at less than $500.00 can result in a fine of $1,000.00 and jail time of up to one year. A felony charge may result in prison time between on and 10 years. Many people are shocked to find themselves facing 10 years in prison when he or she is convicted for the fourth time for shoplifting, but the courts have upheld this as a reasonable sentence.

It is critical to act quickly when someone is arrested for shoplifting. If it is your child that has been arrested, his or her future rests on getting the right legal help as quickly as possible. A criminal conviction can interfere with a person’s educational choices, career potential, rental housing, licensing, and even immigration status. A conviction, even for a misdemeanor, is going to appear on background checks every time a person conducts the right type of search if it is not expunged.

In addition to criminal charges, a person who has shoplifted merchandise may be pursued in a civil lawsuit brought by the merchant, who may seek compensatory damages for the merchandise that was taken. Depending on the value of the merchandise, a merchant also be able to go after liquidated damages up to twice the value of the merchandise taken, as well as the cost of bringing the legal action.

There are special pretrial diversion and intervention programs that can be utilized by first-time offenders, as well as those charged with low-level crimes. These are particularly important for young offenders because it can lead to the dismissal of charges as long as certain requirements are met. These requirements depend on the specific facts of the case and may include restitution or community service.

The Abt Law Firm, LLC. Aggressively fights for its Clients

It is critical for someone charged with shoplifting, or someone whose son or daughter has been charged, to get the right lawyer fighting on their behalf as quickly as possible. The Atlanta Criminal Defense Firm of the Abt Law Firm, LLC. has the skill and experience to get charges completely dismissed. We also work hard to get records expunged so that they do not negatively impact a person’s future. If you or a loved one is facing criminal charges, it is urgent for you to call us immediately at (770) 977-6105. We offer free consultations and are ready to come to you in jail.