Property Crimes - Attorney Khalil Eaddy

Theft Offenses (OCGA § 16-8-1 et seq.)

Theft Offenses in Atlanta, Georgia (OCGA § 16-8-1 et seq.)

Understanding Theft Crimes Under Georgia Law

Theft crimes in Atlanta, Georgia, involve unlawfully taking or obtaining property belonging to another person with the intent to permanently deprive them of it. Under OCGA § 16-8-1 et seq., theft offenses are categorized based on:

How the theft occurs
The value of the stolen property
Whether force, deception, or fraud was used

At Khalil Eaddy Trial Attorney, our firm provides aggressive legal defense for individuals facing theft-related charges in Atlanta, Georgia. Theft offenses can range from misdemeanors to serious felonies, carrying steep fines, prison time, and lasting consequences on employment and reputation.

1. Theft by Taking in Atlanta, Georgia (OCGA § 16-8-2)

Definition:

Theft by taking occurs when a person unlawfully takes, obtains, or withholds another person’s property with the intent to deprive them of it permanently.

Key Elements:

Unlawful taking or possession of someone else’s property
Intent to permanently deprive the owner of the property
No requirement for deception, fraud, or force

Examples:

Taking someone’s phone or wallet without permission
Walking out of a store with unpaid merchandise
Keeping lost property without making a reasonable effort to return it

Penalties (Based on Value of Stolen Property):

Less than $1,500 – Misdemeanor, up to 12 months in jail and/or a fine up to $1,000
$1,500 – $5,000 – Felony, 1 to 5 years in prison
$5,000 – $25,000 – Felony, 1 to 10 years in prison
Over $25,000 – Felony, 2 to 20 years in prison

Theft by taking is one of the most common property crimes in Georgia. Our firm works to challenge intent, prove mistaken ownership, or negotiate for reduced charges.

2. Theft by Deception in Atlanta, Georgia (OCGA § 16-8-3)

Definition:

Theft by deception occurs when a person uses fraud, false promises, or misleading statements to obtain property from another person.

Key Elements:

Intentional deception or misrepresentation to acquire property
Failure to correct a known false impression
Making false promises with no intent to fulfill them

Examples:

Selling fake event tickets online
Using a fraudulent check or credit card for purchases
Running a scam where victims send money based on false claims

Penalties (Based on Value of Stolen Property):

Same penalties as Theft by Taking (misdemeanor or felony, depending on the amount stolen)

Theft by deception cases often involve complicated financial transactions. Our firm works to expose weaknesses in the prosecution’s case, prove lack of intent, or show that the transaction was legitimate.

3. Theft by Shoplifting in Atlanta, Georgia (OCGA § 16-8-14)

Definition:

Theft by shoplifting occurs when a person takes merchandise from a store without paying or with intent to deprive the retailer of its full value.

Key Elements:

Concealing or taking merchandise without paying
Altering price tags or transferring items to different containers
Swapping price stickers or using fraud to avoid paying full price

Examples:

Hiding items in a bag and walking out of a store
Switching price tags on expensive items to pay a lower price
Leaving a restaurant without paying for food and drinks

Penalties (Based on Value of Stolen Goods & Number of Offenses):

First Offense (Less than $500) – Misdemeanor, up to 12 months in jail and/or a fine up to $1,000
$500 or More – Felony, 1 to 10 years in prison
Fourth Offense (Any Value) – Mandatory felony charge, 1 to 10 years in prison

Shoplifting charges can escalate quickly, and retailers aggressively prosecute offenders. Our firm works to challenge surveillance footage, negotiate plea deals, or seek pretrial diversion programs to avoid conviction.

4. Defending Against Theft Charges in Atlanta, Georgia

Theft crimes often rely on circumstantial evidence, misunderstandings, or weak accusations. Our firm takes a proactive defense approach, working to expose flaws in the prosecution’s case.

Common Defenses to Theft Charges:

Lack of Intent – The accused did not intend to steal or believed they had a right to the property
Mistaken Identity – The accused was wrongfully identified as the perpetrator
Lack of Evidence – No proof exists that the accused committed the theft
False Accusations – The alleged victim fabricated or exaggerated the theft
Return of Property – In some cases, returning the stolen item can result in reduced charges or dismissal

A strong legal defense can result in reduced charges, alternative sentencing, or full case dismissal.

Why Choose Khalil Eaddy Trial Attorney?

A theft charge can damage your future, career, and reputation. Our firm aggressively fights to protect clients’ rights, challenge the prosecution’s case, and seek reduced or dismissed charges.

Our Approach:

Thorough Investigation – Analyzing store surveillance, police reports, and witness testimony to uncover inconsistencies
Strategic Defense Development – Building arguments around lack of intent, mistaken identity, or unlawful search and seizure
Plea Negotiation & Alternative Sentencing – Seeking pretrial diversion, probation, or reduced charges when appropriate
Aggressive Trial Representation – Presenting strong cross-examinations, forensic evidence analysis, and compelling legal arguments

If you or a loved one is facing theft charges in Atlanta, Georgia, taking immediate legal action is critical.

Call 770-303-0700 today for a confidential consultation and start building your defense.

Theft Offenses (OCGA § 16-8-1 et seq.)

Definition:

Key Elements:

Examples:

Penalties (Based on Value of Stolen Property):

Definition:

Key Elements:

Examples:

Penalties (Based on Value of Stolen Property):

Definition:

Key Elements:

Examples:

Penalties (Based on Value of Stolen Goods & Number of Offenses):

Common Defenses to Theft Charges:

Why Choose Khalil Eaddy Trial Attorney?

Our Approach:

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