Being accused of theft can have serious consequences. Depending on the allegations, the value of the property involved, and your criminal history, a theft charge may expose you to fines, probation, restitution, jail or prison time, and a permanent criminal record. Even a misdemeanor theft charge can affect your employment, professional opportunities, reputation, and future.
If you are facing a theft investigation or criminal charge in Marietta, having an experienced criminal defense lawyer on your side can make an important difference. Waid Law Firm, LLC represents individuals accused of theft and property crimes in Cobb County, Fulton County, and throughout the Atlanta metropolitan area.
Experience You Can Trust
Defense You Can Rely On
Experienced Counsel. Personal Attention. Powerful Defense.
Attorney Addison Waid is a former prosecutor who understands how prosecutors and law enforcement build criminal cases. As a defense attorney, he uses that experience to examine the evidence, challenge weaknesses in the State’s case, and develop a defense strategy tailored to the circumstances of each client. Waid Law Firm handles theft and property crimes ranging from misdemeanor allegations to serious felony charges.
Waid Law Firm, LLC is conveniently located at 399 Washington Ave NE, Marietta, GA 30060, near the heart of downtown Marietta and the historic Marietta Square area. The office is easily accessible from Washington Avenue, Roswell Street, North Marietta Parkway, Cobb Parkway (U.S. 41), Church Street, Lawrence Street, Whitlock Avenue, and Atlanta Street. The firm serves clients throughout downtown Marietta, East Marietta, West Marietta, Cobb County, and surrounding communities, as well as clients traveling from nearby areas throughout the greater Atlanta metropolitan region. With convenient access to major routes including I-75, our law firm provides accessible criminal defense representation for individuals facing theft charges in Marietta and throughout Cobb County.
Call Waid Law Firm, LLC at 470-458-9866 to speak with a Marietta theft crimes defense attorney about your case.
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Common Theft Charges in Georgia
Georgia law recognizes several different theft offenses. The specific charge and potential consequences depend on what allegedly occurred, the property involved, its value, and other circumstances surrounding the case.
At Waid Law Firm, we defend clients facing allegations including:
- Theft by taking
- Theft by receiving stolen property
- Theft by shoplifting
- Entering an automobile with the intent to commit theft or a felony
- Property-related offenses
- Repeat or multiple theft offenses
- Theft allegations involving significant property values
Theft by Taking
Under Georgia Code § 16-8-2, theft by taking generally involves unlawfully taking or appropriating another person’s property with the intention of depriving the owner of that property. The law applies regardless of the manner in which the property is allegedly taken or appropriated.
A theft-by-taking case can raise important questions about ownership, permission, intent, possession, identification, and the circumstances under which the property allegedly changed hands.
Theft by Receiving Stolen Property
Georgia Code § 16-8-7 addresses situations where a person allegedly receives, disposes of, or retains stolen property while knowing or having reason to know that the property was stolen. The prosecution does not necessarily have to establish that the person accused of receiving the property was the individual who originally stole it.
These cases may depend heavily on what the accused knew, when they acquired the property, how they obtained it, and what evidence connects them to the alleged offense.
Theft by Shoplifting
Shoplifting allegations can involve more than simply leaving a store without paying. Georgia’s shoplifting statute addresses conduct such as concealing merchandise, taking possession of merchandise, altering price markings, transferring merchandise between containers, or otherwise causing the amount paid to be less than the merchant’s stated price.
Shoplifting charges can become particularly serious when the alleged conduct involves repeat offenses or the value of the merchandise reaches the statutory thresholds for felony treatment.
Entering an Automobile
Georgia also criminalizes entering an automobile with the intent to commit theft or another felony, even when the person accused does not ultimately take property from the vehicle.
These cases may involve questions about whether the person actually entered the vehicle, whether they had permission to be there, what their intent was at the time, and whether the evidence reliably identifies them as the person involved.
Misdemeanor and Felony Theft Charges
Not every theft case is treated the same way. Georgia law provides different classifications and potential penalties depending on the offense and circumstances.
A misdemeanor conviction can still carry significant consequences, including fines, probation, restitution, and other court-ordered requirements. Felony theft allegations can expose an accused person to substantially more serious penalties, including potential imprisonment.
The value of the property can also play an important role in determining how a theft offense is charged and punished. Other factors, including the type of property involved and prior offenses, may also affect the potential consequences.
Because the classification and sentencing rules can be complicated, anyone facing a theft charge should have an attorney review the specific statute and facts applicable to the case rather than relying on general assumptions about the value of the property.
Defenses to Theft Charges
A theft accusation does not automatically mean the prosecution can prove every element of the offense beyond a reasonable doubt. Depending on the facts, several potential defenses or challenges may be available.
Lack of Intent
Many theft offenses require proof of a particular intent. If the evidence does not establish that you intended to deprive another person of their property, that may create an important issue for the defense.
Claim of Right or Ownership
A dispute over ownership or permission can significantly affect a theft case. If you reasonably believed you had a legal right to possess or use the property, the circumstances surrounding that belief may be relevant to the defense.
Mistaken Identity
Witness statements, surveillance footage, physical evidence, and other information may not reliably establish who committed an alleged offense. If the evidence does not adequately connect you to the alleged theft, an attorney can challenge the identification.
Lack of Knowledge
In certain theft-related cases, including allegations involving receipt of stolen property, what the accused knew or should have known may be an important issue. The State must still prove the required elements of the offense.
Constructive Possession
Simply being near property does not necessarily establish that a person possessed or controlled it. When several people have access to an area or property, the evidence establishing possession should be carefully examined.
Unlawful Search or Seizure
If evidence was obtained through an unlawful search or seizure, constitutional issues may affect whether that evidence can be used in court. Depending on the circumstances, your attorney may be able to challenge improperly obtained evidence through an appropriate pretrial motion.
How Waid Law Firm Can Help
A strong theft defense begins with understanding exactly what the prosecution alleges and what evidence it has to support those allegations.
At Waid Law Firm, LLC, Attorney Addison Waid draws on his experience as a former prosecutor to approach each case from both sides of the courtroom. He can examine the circumstances surrounding your arrest or investigation, review available evidence, identify potential weaknesses in the State’s case, and pursue the defense strategy that best fits your situation.
Depending on the circumstances, representation may involve:
- Reviewing police reports and other evidence
- Investigating the allegations against you
- Identifying weaknesses or inconsistencies in the prosecution’s case
- Evaluating whether searches or seizures complied with constitutional requirements
- Filing appropriate pretrial motions
- Representing you at hearings
- Negotiating with prosecutors when appropriate
- Preparing the case for trial when necessary
- Protecting your rights throughout the criminal process
Every theft case is different. The right defense strategy depends on the facts, evidence, charge, and your individual circumstances.
Why Choose Waid Law Firm?
Former Prosecutor Experience
Attorney Addison Waid’s experience as a former prosecutor provides insight into how criminal cases are developed and presented. He now uses that perspective to advocate for people facing criminal charges.
Personalized Defense Strategies
There is no single defense that works for every theft case. Waid Law Firm evaluates the specific allegations and evidence to develop a strategy tailored to your circumstances.
Experience With Theft and Property Crimes
The firm handles theft and property crime cases as part of its broader criminal defense practice, representing clients facing both misdemeanor and felony allegations.
Representation Throughout Metro Atlanta
Waid Law Firm represents clients in Cobb County, Fulton County, and courts throughout the Atlanta metropolitan area.
Focused on Protecting Your Future
A theft conviction can follow you long after your case ends. Our goal is to protect your rights and pursue the best available outcome based on the facts and law applicable to your case.
Common Types of Theft Charges We Handle
Theft by Taking (Georgia Code 16-8-2)
When a person unlawfully takes or appropriates any property of the owner, intending to deprive him of that property.
Misdemeanor:
- Property valued at $1,500 or less
Felony:
- Property valued over $1,500 and less than $5,000 in value: 1 to 5 years in prison, or, in the discretion of the judge, as for a misdemeanor
- Property with a value of at least $5,000 and less than $25,000: 1 to 10 years in prison, or, in the discretion of the judge, as for a misdemeanor
- Property exceeded the value of $24,999.99: 2 to 20 years in prison
Theft by Receiving Stolen Property (Georgia Code 16-8-7)
When a person unlawfully receives, disposes of, or retains stolen property that he knows or should know was stolen.
Misdemeanor:
- Property valued at $1,500 or less
Felony:
- Property valued over $1,500 and less than $5,000 in value: 1 to 5 years in prison, or, in the discretion of the judge, as for a misdemeanor
- Property with a value of at least $5,000 and less than $25,000: 1 to 10 years in prison, or, in the discretion of the judge, as for a misdemeanor
- Property exceeded the value of $24,999.99: 2 to 20 years in prison
Theft by Shoplifting (Georgia Code 16-8-14)
When a person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or the value thereof, conceals or takes possession of the goods or merchandise, alters the price tag or other price marking on goods or merchandise, transfers the goods or merchandise of any store from one container to another, interchanges one price tag from one item of merchandise to another, or to wrongfully cause the amount paid to be less than the merchant’s stated price for the merchandise.
Misdemeanor:
- Property valued at $500 or less
- 2nd offense carries a minimum fine of $500
- 3rd offense carries a minimum sentence of 30 days in jail
Felony:
- Property valued over $500 carries a sentence of 1 to 10 years in prison,
- 4th or subsequent offense carries a sentence of 1 to 10 years in prison, and the first year may not be suspended or probated unless, in the court’s discretion, the prosecutor and defendant have agreed to suspend or probate any term of imprisonment
Entering an Automobile (Georgia Code 16-8-18)
When a person enters any vehicle with the intent to commit theft or a felony, even if nothing is taken.
Felony:
- Punishable by 1 to 5 years or, at the court’s discretion, as a misdemeanor
If you’ve been charged with a crime involving theft in Georgia, you’re likely facing serious criminal consequences. Depending on the value of the property and the circumstances of the case, theft crimes can be charged as misdemeanors or felonies, with penalties ranging from fines to years in prison.
At the Waid Law Firm, we defend clients accused of all types of theft crimes in Cobb County, Fulton County, and throughout the Atlanta metro area. Attorney Addison Waid is a former prosecutor who has experience with these cases and knows how to defend them successfully..
Contact a Theft Crimes Defense Attorney in Marietta
If you have been arrested, charged, or contacted by law enforcement about a theft allegation, do not assume that the case will simply go away. The decisions you make early in the process can affect what options remain available to you.
An experienced criminal defense attorney can help you understand the allegations, evaluate your legal options, and determine the appropriate strategy for moving forward.
Waid Law Firm serves clients facing theft and property crime allegations in Marietta, Cobb County, Fulton County, and throughout the Atlanta metro area. Call our defense law firm at 470-458-9866 to schedule a consultation and learn more about your legal options.
