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Basic elements of theft by deception charges

| Dec 19, 2019 | Theft |

There are many different reasons that people end up with other people’s property in Georgia. People may borrow a certain tool they need to complete a project from a neighbor or family member.

People may also receive property from others as gifts or because they purchased the property from another person. However, others take property without permission. Depending on the circumstances, people who do this could be charged with theft.

There are different types of theft, though. People probably generally think about shoplifting or breaking into a building and taking property when they think about theft, but people can also commit a theft by deception. In these situations, they may not simply just take the property, they actually trick the person into giving them the property. There are different ways this can occur as well.

People can deceive by creating or confirming a person’s belief that a past event is true when they know it is actually false. Failing to tell another person that a fact they believe to be true is in fact false. Preventing people from obtaining important information about property. People can also sell property they know to have a lien on it or in some other way do not have full ownership. People can also promise to perform certain services and then purposely not perform the service. In order to be charged these actions must be intentional though.

Many people are charged with theft in Georgia each year. Some of these individuals are charged with theft by deception. However, everyone is innocent until proven guilty and there may be defenses available to them. One key element is that the person must intentionally deceive the person into giving them the property. If the deception was not intentional, then people may be acquitted. Experienced attorneys know the defenses available and may be able to guide one through the process.

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