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You may have rationalized that the ballerina brooch you snatched while at The Avenue West Cobb is not a great loss for the store. Or your child might be a high school senior who was dared by a bunch of friends at a graduation party to ride around and partake in some harmless porch piracy.  You or your loved one might have been even been falsely accused of theft. In any of these scenarios, in Georgia, you may be facing theft related charges, and the consequences of these charges could be far-reaching.

At our firm, our compassionate defense attorneys believe youthful indiscretions and false allegations should not taint a young person’s chances for a productive life. Our mission is to help protect the futures of teens and young adults who have been accused of a crime, so that they can be the best versions of themselves that they can be. We do this by helping you or your loved one overcome a bad decision or false allegation by empowering you to choose the best path forward and advocating on your behalf to work toward your goals. We know you may be stressed or anxious about what will happen and how this could affect you or your loved one in the long term. A Cobb County theft lawyer from our team will help you explore all options to help you get through this trying time and help keep your life on track.

How Does the Law Define Theft?

Ga. Code Ann. § 16-8-2 defines theft by taking as taking or converting someone else’s property with the intent of depriving that person of it. Every version of theft in Georgia has a slightly different definition under the law.  Young people often face theft or theft related charges for shoplifting, taking someone’s personal property, or taking packages off a porch after the delivery drivers leaves them. Other forms of theft that our dedicated Cobb County attorneys could defend against include:

• Refund fraud
• Receiving stolen goods
• Theft by deception
• Entering an Automobile, which can even include entering an unlocked vehicle to take anything of value
• Theft of services, like skipping out on a bill after eating at a restaurant
• Keeping lost or mislaid property, such as a wallet with the owner’s identification inside
• Theft by conversion, which involves lawfully taking someone’s property but then intentionally failing to return it

When evaluating the strength of the prosecution’s case, our team would review the evidence in the case to see if we believe the State could prove the allegations, or whether there are any legal issues that could prohibit the introduction of evidence. We could leverage legal issues or mitigating facts and circumstances to negotiate a resolution to the theft charges. The approach we recommend to mitigate penalties, contest charges, or a combination of both depends on what makes sense for the given situation. We will explore all viable options with you to enable you and your family to choose the path that best meets your goals.

Theft Penalties for Adults vs. Juveniles

Young people age 17 and older are considered adults in Georgia and are subject to adult penalties for theft related charges. For those facing charges as an adult, their cases may be heard in Superior Court, State Court, or one of the Municipal (City) Courts of Cobb County.  The type of theft charge an individual is facing and the alleged value of the item that is the basis of the theft charge will determine whether the case is a misdemeanor or felony.  All felony theft charges for adults will be heard in Cobb County Superior Court.  While misdemeanor theft charges may be heard in a Municipal Court, if a City Police Department brought the charges, or in Cobb County State Court.

On the other hand, children 16 and younger are considered juveniles and will generally have their cases heard in Cobb County Juvenile Court.

The law treats juveniles differently than it does adults. Juveniles are not convicted of crimes but adjudicated as delinquent. Juvenile court records are not publicly available, unlike superior, state, and municipal courts, which maintain public records (unless later sealed). The juvenile court judge has the sole discretion to determine a juvenile’s guilt or innocence and to sentence them, while in superior court, a jury trial can be conducted to determine guilt or innocence.

Typically, depending on the charges and history of a juvenile, a juvenile is facing up two years of probation and potentially 30 days of incarceration, in the case of a charge that would be a felony for an adult.  However, for those seeking a negotiated resolution, your attorney may be able to negotiate a combination of fines, counseling, probation, restitution, educational programs, and community service with the prosecution—all in an effort to nudge a young person into being a productive member of society. Our Cobb County theft attorneys do everything we can to keep you or your loved one on the best path forward.

Let Our Cobb County Theft Attorneys Safeguard Your Future

You and your loved one may be anxious today, but tomorrow can look a lot brighter. If, after speaking with us, we all agree it makes sense to work together, our team will count your family among the clients we take on because we truly believe we can help them.

Once we begin working together, our team will be guides for you: clarifying the process, advising your family on what you can do to improve your situation, and offering options to reduce the uncertainty you or your child may be experiencing. A Cobb County theft lawyer from our team helps to safeguard young people’s futures. Contact the Ghanouni Teen & Young Adult Defense firm to learn more.