Theft Crime Attorneys in Peachtree Corners & Metro Atlanta
Defending You Against Theft Charges
A theft accusation can have consequences that reach far beyond the immediate criminal case. Depending on the allegations, a conviction may result in fines, probation, incarceration, restitution, and a criminal record. Because theft offenses involve allegations of dishonesty, a conviction may also create difficulties involving employment, professional licensing, housing, and other opportunities.
At Bair Wilson Sharma LLC, our criminal defense attorneys represent individuals accused of theft-related offenses and provide personalized guidance throughout the criminal process. We understand that the circumstances surrounding a theft allegation are not always as straightforward as they may initially appear. Questions involving ownership, permission, intent, identification, or misunderstandings between the people involved can significantly affect a case.
Georgia law recognizes several forms of theft. One of the most common is theft by taking, which generally involves unlawfully taking or being in possession of another person's property with the intent to deprive that person of the property. Other circumstances may lead to different theft-related charges depending on how property was allegedly obtained or retained.
The seriousness of a theft charge can depend on factors such as the value and type of property involved, the circumstances of the alleged offense, and a person's prior criminal history. Some theft offenses may be charged as misdemeanors, while more serious allegations can potentially result in felony charges.
Regardless of the level of the charge, an arrest or accusation does not mean you are guilty. Our attorneys carefully review the allegations and evidence to determine what defenses or other legal options may be available.
Call Bair Wilson Sharma LLC at 678-250-6095 to schedule a consultation with a lawyer today.
Examining Intent, Evidence, and the Circumstances of the Case
Intent can be a critical issue in many theft cases. The prosecution generally must establish more than the fact that someone possessed or removed property belonging to another person. Depending on the particular offense, the state may also need to prove the required criminal intent. For example, a misunderstanding about who owned an item, whether someone had permission to use or possess property, or whether the person intended to return it may raise important questions about the allegations. Every case depends on its individual facts.
At Bair Wilson Sharma LLC, our attorneys carefully examine the evidence the prosecution intends to use. This may include surveillance footage, photographs, receipts, financial records, text messages, emails, witness statements, police reports, body-camera recordings, or other electronic evidence.
Identification can also become an important issue. Surveillance footage may be unclear, witness recollections may be incomplete, and assumptions about who possessed or controlled property may not tell the entire story. We evaluate whether the available evidence actually connects our client to the alleged offense and whether it establishes each required element of the charge.
Our attorneys also review how evidence was obtained. Searches of a person, vehicle, home, phone, or other property may raise constitutional questions. When law enforcement obtains evidence through an unlawful search or seizure, there may be grounds to challenge whether that evidence can be used in the criminal case.
Statements made during an investigation can also become significant. Individuals accused of theft may feel that explaining the situation to law enforcement will resolve a misunderstanding, but statements can later become part of the prosecution's evidence. Understanding your right to remain silent and your right to legal representation can be important from the earliest stages of an investigation.
Protecting What Comes Next
The consequences of a theft conviction can extend well beyond fines or potential jail time. Because theft allegations involve accusations of dishonesty, a criminal record may be particularly concerning for individuals seeking employment, holding professional licenses, working in positions involving money or property, or undergoing background checks.
Depending on the circumstances, a theft case may also involve restitution, which can require payment for property that was allegedly taken, damaged, or not recovered. Our criminal defense attorneys look at the complete picture when developing a defense strategy. We consider the evidence, the circumstances surrounding the allegations, our client's criminal history, and the potential long-term consequences of different resolutions.
Depending on the facts of the case, there may be opportunities to challenge the prosecution's evidence, dispute intent or identification, negotiate for a reduction or alternative resolution, pursue an available diversion program, or take the case to trial. The appropriate approach depends on the individual circumstances, and no particular outcome can be guaranteed.
For individuals facing a first criminal charge, certain alternative resolutions may be available depending on the offense and eligibility requirements. Our attorneys can explain whether any such options may apply and what the potential benefits and consequences could be.
For non-U.S. citizens, theft-related charges deserve particularly careful attention because certain offenses involving theft or dishonesty can potentially create immigration consequences depending on the charge and disposition. Because our firm also handles immigration matters, we understand the importance of considering those potential consequences before making decisions about a criminal case.
At Bair Wilson Sharma LLC, we provide hands-on representation throughout the process. We take the time to listen to our client's account, review the prosecution's evidence, explain the charges and possible consequences, and develop a defense strategy based on the facts. Our firm provides multilingual legal services in English, Spanish, French, Ukrainian, and Russian, helping clients and their families clearly understand their rights and options.
We proudly represent individuals throughout the Metro Atlanta Area who are facing theft-related criminal charges. Whether you have been accused of shoplifting, theft by taking, or another theft offense, our criminal defense attorneys can help you understand the allegations, evaluate the evidence, and work toward protecting your record, reputation, and future.
Theft Crimes FAQs
What is considered a theft crime in Georgia?
Georgia law recognizes several types of theft offenses. Generally, theft involves unlawfully taking, obtaining, receiving, or keeping property belonging to another person under circumstances prohibited by law.
What is theft by taking?
Theft by taking generally involves unlawfully taking or possessing another person's property with the intent to deprive the owner of that property. The specific facts and evidence are important in determining whether the elements of the offense can be established.
Is shoplifting considered a theft crime?
Yes. Shoplifting is a theft-related offense in Georgia. Depending on the circumstances and value of the merchandise involved, the potential charges and penalties can vary.
Can theft be charged as a misdemeanor or felony?
Yes. Depending on the specific theft offense, the value or type of property involved, prior history, and other circumstances, a theft allegation may result in misdemeanor or felony charges.
What if I did not intend to steal the property?
Intent can be an important element of a theft case. A misunderstanding about ownership, permission, or whether property was supposed to be returned may be relevant when evaluating whether the prosecution can prove the required criminal intent.
What evidence is commonly used in theft cases?
Evidence may include surveillance footage, receipts, photographs, financial records, text messages, emails, witness statements, police reports, and body-camera footage. Our attorneys review the available evidence and how it was obtained.
Can a theft charge be dismissed or reduced?
Potentially. The available options depend on the evidence, criminal history, type of charge, and other circumstances. Some cases may involve opportunities to challenge the allegations, negotiate a different resolution, or pursue an alternative program when available and appropriate.
Will I have to pay restitution if I am convicted?
Restitution may be ordered in certain theft cases to compensate for property or financial losses associated with the offense. Whether restitution applies and the amount involved depend on the circumstances.
Facing Criminal Charges?
Facing criminal charges can be stressful and overwhelming, but you don’t have to navigate the legal process alone. Contact Bair Wilson Sharma LLC for clear guidance and personalized representation focused on protecting your rights and future. Our multilingual attorneys serve clients in English, Spanish, French, Ukrainian, and Russian. Call 678-250-6095 today to speak with one of our criminal defense attorneys.