Theft by Taking: Understanding the Legal Implications

Speak with a trusted Gwinnett County Juvenile Court lawyer in Georgia.

Learn more about the crime of theft by taking with guidance from Philip Kim Law, P.C., offering professional legal advice and defense strategies for those facing charges.


Author: Philip Kim, Founder, Philip Kim Law, P.C.

Defense lawyer Philip Kim has committed his career to standing up for the accused, and protecting the rights and reputations of his valued clients. If you face criminal charges in Georgia, we can provide you with the skilled, effective defense representation you need.

Published on April 02, 2024.


Overview of Theft by Taking

Theft by taking is a criminal offense that encompasses the unlawful appropriation of another’s property with the intent to deprive them of it. Understanding this charge is crucial for anyone facing legal issues, as the consequences can significantly impact one’s future. 

Under Georgia law, taking possession of property that does not belong to you, without the owner’s consent and with the purpose of keeping it, constitutes theft by taking. Whether the property is pocketed stealthily or appropriated while in lawful possession, it is the intention that underscores this offense.

When you are accused of theft by taking charge, it can profoundly impact your life. With the potential to alter your life, these allegations warrant a vigorous defense tailored to the specifics of your case.

At Philip Kim Law, we understand the stakes in such cases and dedicate our extensive skill to guiding our clients through each step. We have a proven history of handling criminal defense cases in Lawrenceville and surrounding areas of Gwinnett County. We can handle any legal matter, from misdemeanors to felonies. Contact us for more information about how we can provide transparent and tactical advice.

What Is Georgia Theft by Taking?

Theft by taking is a specific legal term that encapsulates the criminal act of unlawfully taking or appropriating someone else’s property to permanently deprive them of it. Whether it is a tangible item like a car or an intangible asset such as services, theft by taking is a broad category that recognizes the unlawful acquisition of property as theft.

This offense differs from other theft crimes; for instance, theft by deception involves acquiring property belonging to another through deceit, while theft by taking is more direct. Within Georgia’s legal framework, the penalties and consequences for this charge can be quite severe, with the potential for a felony or misdemeanor classification depending on the value and nature of the property taken.

Understanding the nuances of these charges is critical because there’s a fine line between different types of theft offenses, and a misunderstanding can often propel a charge from bad to worse. Seeking knowledgeable legal counsel is the first step to mounting a solid defense.

Our experienced team views every situation with a clear lens, offering a transparent assessment and ensuring responsive communication to navigate the complexities of the legal system. Call us now for more information.

Penalties of Theft by Taking in Georgia

The criminal penalties for theft by taking vary depending on the value of the property stolen. For amounts under $1,500, it is typically considered a misdemeanor, with potential fines up to $1,000 and jail terms up to 1 year. Judges may allow sentences to be served through weekend confinement or during non-working hours for jail terms of six months or less.

Stolen property valued between $1,500 and $5,000 constitutes a felony crime punishable by 1 to 5 years in prison, although judges may decide to charge it as a misdemeanor. If a property is valued between $5,000 and $25,000, judges have the discretion to impose a misdemeanor charge or felony charge with a jail term ranging from one to ten years.

Property worth $25,000 or more is considered felony theft and carries a maximum sentence of up to 20 years.

If the defendant has already been convicted of theft by taking twice, they will be guilty of a felony punishable by between one and five years in prison. Judges do have the discretion to treat it as a misdemeanor.

Defending Yourself Against Theft by Taking Charges

There are several defenses that could successfully counter the prosecution’s accusations and raise reasonable doubt. These include the following:

  • Lack of Criminal Intent: An essential element of theft is the intention of depriving the property’s owner. Our firm carefully examines the evidence to prove that our clients had no intention to steal the property or thought they had lawful possession thereof, thus potentially nullifying the charges against them.
  • Mistaken Identity: Wrongful accusations can arise from misidentification. We scrutinize surveillance footage and witness testimony to pinpoint inconsistencies.
  • Ownership or Right to Property: Sometimes, the alleged stolen item may have been believed to be rightfully yours. Evidence such as receipts or testimony can play a critical role in these situations.
  • Duress or Coercion: Individuals are occasionally compelled to commit a crime. We investigate to reveal if any duress influenced our client’s actions.

Our legal defense strategy is tailored to each case, focusing on responsive communication with our clients and meticulous analysis of case details. We strive to illuminate the truth and carve a clear path forward.

Being charged doesn’t mean you’re guilty—every narrative has multiple sides. We are here to ensure yours is heard. If you or a loved one is facing theft by taking charges, your initial step should be to speak with a skilled crime attorney who is familiar with Gwinnett County’s legal landscape.

The Importance of Legal Representation

Each and every decision, no matter how big or small, is crucial in the intricate realm of law, where one mistake can have severe consequences. That’s why it is imperative for anyone facing criminal charges to hire a skilled criminal defense attorney to represent them.

Criminal defense attorneys understand the weight of evidence and can rigorously challenge it, a process that may sometimes seem impossible. They are familiar with court procedures, ensuring clients are not caught off-guard by technical details or deadlines. Our role spans beyond mere representation; we strive to safeguard your rights, providing a staunch defense and working towards the best possible result.

At Philip Kim Law, P.C., we bring to the table our comprehensive understanding of Georgia’s legal system and a commitment to honest assessments and clear communication. We endeavor to alleviate your burden, providing a beacon of hope in trying times and a defense that resonates with dedicated skill. If you are burdened by criminal charges, our experienced team is prepared to defend you and protect your liberties.

Philip Kim Law, P.C.: Your Defense Against Theft by Taking

Being accused of theft by taking can be unsettling. It’s essential to remain calm and have an attorney review your case as soon as possible. An attorney can help you understand the charges and provide advice on how to respond. They can also represent you in court if necessary.

At Philip Kim Law, P.C., we recognize the seriousness of facing even a misdemeanor theft by taking charge. Beyond being a legal challenge, it represents a significant obstacle in your life. Our team is prepared to provide you with a strong defense. Grounded in integrity, customized assistance, and effective communication, we understand the complexities of Georgia’s legal system. We are committed to offering transparent guidance to help you navigate your path forward with clarity.

We urge you not to wait. Our doors are open to those who are facing misdemeanor or felony-level offenses throughout Gwinnett County. We are dedicated to ensuring that your rights to a fair trial are protected. Don’t hesitate to reach out to Philip Kim Law, P.C. Let our criminal law firm offer you the comprehensive defense you deserve.

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Philip Kim Law, P.C.
368 West Pike Street, Suite 203
Lawrenceville, GA 30046
(678) 203-6968
Fax: (678) 273-3501
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