Theft by deception is considered a property crime in Georgia and can be treated as a felony or misdemeanor depending on the unique circumstances of your case. Keep reading to learn more about theft by deception and how a criminal defense attorney can help you if you are charged with theft by deception.
Theft by Deception in Georgia
A person commits the offense of theft by deception when they obtain property by any deceitful means or artful practice with the intention of keeping the property from the owner.
What are the Elements of Theft by Deception?
The elements of an offense are the different factors that the State must prove beyond a reasonable doubt to secure a conviction on a particular charge. For the offense of theft by deception, the State must prove the following:
- The Defendant gains property;
- By deceitful means;
- With the intention of keeping the property from the owner.2
What Does it Mean to Deceive Someone?
A person deceives if they intentionally do any of the following:
- Create or confirm another person’s impression of an existing fact or past event which is false, and the Defendant knows or believes the existing fact or past event to be false;
- Fail to correct another person’s false impression of an existing fact or past event which the person previously created or confirmed;
- Prevent another person from gaining information relevant to the current status of the property involved;
- Sell, transfer, or limit how an owner can use property intentionally by failing to disclose a substantial and valid known lien, adverse claim, or other legal obstacles to the enjoyment of the property, regardless of whether the legal obstacle is or is not a matter of official record; or
- Promise performance of services which the Defendant does not intend to perform or knows will not be performed.
Evidence of the person’s failure to perform the service, by itself, is not enough to convict. The accused person must promise to perform a service and never intend to perform the service or know the service will never be performed.
As the Georgia Court of Appeals has noted, for a person to be charged with theft by deception, someone must have sustained some sort of financial loss, and the alleged victim must own the stolen property or have a special interest in the stolen property.
Penalties
Theft by deception is treated as a misdemeanor. The consequences for a misdemeanor theft by deception conviction could include a fine that cannot exceed $1,000.00 or imprisonment for no more than 12 months. However, theft by deception may be treated as a felony and result in imprisonment, depending on the price of the property.
Theft by deception may also be treated as a felony upon the third theft of property conviction, such as theft by taking, theft by conversion, theft of services, theft of lost property, or theft by receiving. For example, if you were first convicted of theft of lost property, then you were convicted of theft of services, and then you were convicted of theft by deception, the theft by deception charge would be treated as a felony.
Defenses
There are several theft by deception defenses that your criminal defense attorney can argue based on the facts of your case, including:
- Lack of intent: To be convicted of theft by deception, you must intend to deceive the alleged victim. Your criminal defense attorney can argue that you did not intentionally deceive the victim based on the facts of your case.
- Promise of future performance: You cannot be convicted of theft by deception based on failing to fulfill a promise to complete a future service. In Brady v. State, the Defendant claimed they would have money to cover checks written for two vehicles at a later date. The Georgia Court of Appeals held that one of the Defendant’s convictions of theft by deception could not stand because the false promise of having money in the future was not actionable as theft by deception.
- You did not commit the crime: If you were not the person who committed the crime, your attorney could argue that the State is charging the wrong person and that you are innocent.
The alleged victim’s failure to act diligently to prevent the fraud from happening does not establish a valid defense.
Frequently Asked Questions
- Is deception a form of theft?
Yes. Under Georgia law, deception is a form of theft so long as the Defendant meets the criteria of deception under O.C.G.A. § 16-8-3.
- How much stolen money is considered a felony?
If you steal at least $1,500.01 in value the judge has the discretion to treat the theft by deception charge as a felony, however the judge can still treat the charge as a misdemeanor.
Why You Need a Lawyer for a Theft by Deception Offense
Theft by deception can be a complicated charge, and it is important that you have an attorney who will fight to make sure the State meets its burden in proving that you were deceitful. Your criminal defense attorney will also ensure that the stolen property is valued correctly so that you are not wrongfully charged with a felony.
Have Questions? Give Me a Call.
If you or your loved one is charged with theft by deception, I am here to help. I have decades of experience representing people charged with misdemeanors and serious felonies, and I will make sure you receive the best defense possible. If you need legal help, give me a call today!
