What Is Theft By Taking Exactly? Find Out Here

Theft can be broken down into several components. For example, there is theft by taking, theft by conversion, theft by extortion, theft by deception, and the list goes on and on. However, for this article, we will focus on theft by taking. 

According to Georgia law, theft by taking is “when a person unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which property is taken or appropriated.” What is not considered theft, however, is if a person has ownership or part ownership of the asset. To break it down, let’s go a little more into detail what theft my taking really means.

What’s the Difference Between Theft By Taking and Theft By Deception?

As mentioned earlier, theft is broken into several categories. And some of the categories of theft can seem very similar. For example, theft by deception and theft by taking are often confused for the other because they are so similar. However, to be classified as theft by deception, the property or asset is taken from another through deceitful means. Or in general terms, swindling. 

How to Determine the Value of the Property 

Under the O.C.G.A § 16-8-12, the proper measure of value is the fair cash market value either at the place and time of the theft or any stage during the receipt or concealment of the property. However, other evidence can be introduced as to the item’s value such as the testimony of the owner of the value of the stolen items based on his experience in buying them, the jury’s awareness of the everyday value of the item, or other opinion evidence. Smith v. State, 207 Ga. App. 290, (1993).

Theft By Taking On a Misdemeanor Offense

If an individual takes property worth $500 or less, that is classified as a misdemeanor under a theft by taking charge. In Georgia the penalty for a misdemeanor offense includes a fine of no more than $1,000 and a jail sentence not exceeding twelve months. The judge has the ability to allow the defendant’s sentence to be served via weekend confinements or during the defendant’s non-working hours if the defendant received a jail term of six months or less. 

Theft By Taking On a Felony Offense 

If a person takes property worth over $500, that theft by taking charge is classified as a felony. In Georgia, the judge uses discretion to determine if the charge is a felony or misdemeanor. If one receives a felony charge, the penalty is a prison sentence of no less than one year and no more than ten years. 

However, there are some exceptions to that general ruling. If the theft is of government or bank property by an employee that is found guilty, the consequence is a one to 15-year prison sentence and/ or a fine. If the theft involves a gravesite of cemetery decoration, it carries a punishment of one or three years in prison. Lastly, if it is a theft of a motor vehicle or a part of a motor vehicle worth more $1,000, one could face between one and 10 years in prison.  

Fore More Information About Theft By Taking Investigations, Get in Touch with Us 

Theft by taking can be a serious crime, and can cost a business thousands and even millions of dollars in profit loss. Let our licensed private investigators help. For more information, contact CGA Solutions here.