Theft and Larceny in Georgia
Augusta GA Criminal Lawyer
"Theft" is committed by stealing anything of value. The value of the property relates to the classification of the crime and the nature and extent of the penalty that will be imposed upon conviction. A person commits theft by larceny when that person: (1) takes possession (2) of personal property (3) owned or possessed by another, (4) by means of trespass and (5) with the intent to steal the property, and (6) carries the property away.
In federal criminal law, prior sentences, including misdemeanors where incarceration is not imposed, play an important role in determining the sentence. The criminal history score affects the sentencing of repeat offenders when they are convicted of a new crime. Pursuant to the United States Sentencing Guidelines, sentences for misdemeanors and petty offenses are included when calculating the criminal history category for sentencing. A minor misdemeanor charge could, in fact, transform into a felony and result in a permanent strike, and if there are any prior felony convictions bring an even more severe penalty.
An employer cannot discriminate against an individual based on criminal history but the law permits employers to inquire about an applicant’s criminal history. A conviction for petty theft can have major repercussions. It can affect the individual on a more basic level when he attempts to seek employment. The establishment of a criminal record carries with it far-reaching consequences.
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