Understanding Theft by Conversion Under Georgia Law
Theft is one of the most commonly charged crimes in Georgia, and within the broader category of theft crimes lies a specific offense known as Theft by Conversion.
Under Georgia law, O.C.G.A. § 16-8-4, Theft by Conversion occurs when someone lawfully obtains property but then wrongfully exercises control over it, depriving the rightful owner of their property.
While it may sound similar to traditional theft, Theft by Conversion is distinct in that the person initially acquires the property legally, but then misappropriates or disposes of it in a way that violates the owner’s rights.
If you or someone you know has been charged with Theft by Conversion in Georgia, it's crucial to understand the details of this crime, including its elements, penalties, and potential defenses. In this blog post, we’ll break down everything you need to know about Theft by Conversion in Georgia, based on O.C.G.A. § 16-8-4, and how an experienced criminal defense attorney can help protect your rights.
What is Theft by Conversion Under Georgia Law?
Theft by Conversion is defined in Georgia Code O.C.G.A. § 16-8-4 as the act of unlawfully taking or using property that was initially obtained legally or with the owner’s consent but then wrongfully converted to the defendant’s own use or benefit.
The Elements of Theft by Conversion
To be convicted of Theft by Conversion in Georgia, the prosecution must prove the following key elements:
- Lawful Possession: The defendant must have initially obtained the property lawfully. This could be through a variety of methods, such as:
- Being entrusted with the property (e.g., a car rental, a loan, or a bailment agreement),
- Receiving the property through a contract (e.g., a leased item),
- Or another lawful means, such as being hired to care for or hold the property temporarily.
- Intentional Conversion: The defendant must have intended to exercise control over the property in a manner inconsistent with the owner's rights. This is typically characterized by:
- Taking the property for personal use or benefit,
- Selling or disposing of the property without authorization, or
- Retaining the property after the owner has asked for its return.
- Deprivation of the Property Owner’s Rights: The defendant’s actions must deprive the rightful owner of their property. In other words, the defendant must take steps to permanently or temporarily deny the owner’s ability to use or control the property.
Examples of Theft by Conversion
To better understand what Theft by Conversion entails, here are a few examples of situations where this crime might apply:
- Rental Property Conversion: A person rents a car from a rental company and agrees to return it within 7 days. After the rental period ends, the individual refuses to return the car and continues to use it for their own benefit. In this case, the individual is guilty of Theft by Conversion because they initially lawfully obtained the car but unlawfully exercised control over it by refusing to return it.
- Employee Misappropriation: An employee at a business is entrusted with cash or goods to be used for business purposes. Instead of using the money or property as intended, the employee takes it for personal use. This is an example of conversion, as the employee initially had lawful possession of the property but misused it for their own benefit.
- Pawn Shop Conversion: A person borrows a valuable piece of jewelry or an item of property from a friend, with the understanding that they will return it. Instead of returning the item, the person sells it to a pawn shop and keeps the money. This is another example of Theft by Conversion because the individual originally had lawful possession but later misappropriated the property.
Penalties for Theft by Conversion in Georgia
The penalties for Theft by Conversion depend on the value of the property that was converted. Georgia law differentiates between misdemeanors and felonies based on the monetary value of the property involved.
- Misdemeanor Theft by Conversion: If the property converted has a value of less than $1,500, the crime is typically classified as a misdemeanor. Misdemeanor theft by conversion can carry penalties including:
- Up to 12 months in jail,
- A fine of up to $1,000, or
- Both jail time and fines.
- Felony Theft by Conversion: If the value of the converted property is $1,500 or more, the crime can be charged as a felony. Felony theft by conversion is a more serious offense and can carry the following penalties:
- 1 to 20 years of imprisonment,
- A hefty fine, or
- Both imprisonment and fines.
In addition to these penalties, a person convicted of Theft by Conversion may be required to make restitution to the victim, meaning they must pay back the value of the property that was converted.
Aggravating Factors That Could Increase Penalties
Certain aggravating factors can increase the severity of a Theft by Conversion charge. Some of these factors include:
- Previous Convictions: If the defendant has a history of theft offenses or other criminal behavior, they may face harsher penalties.
- Involvement of a Vulnerable Victim: If the crime involved exploiting an elderly person, a person with a disability, or someone in a vulnerable position, the defendant may face enhanced penalties.
- Use of a Position of Trust: If the defendant was in a position of trust (e.g., an employee, caregiver, or professional) and abused that trust to commit the theft, the penalties could be more severe.
Possible Defenses Against Theft by Conversion Charges
There are several defenses that a criminal defense attorney might raise in a Theft by Conversion case. Some of the most common defenses include:
- Lack of Intent: One of the central elements of Theft by Conversion is the intent to deprive the owner of their property. If the defendant did not have the intent to steal or misappropriate the property, this could be a valid defense. For example, if the defendant accidentally kept the property, believing they were still entitled to it, this may negate the intent requirement.
- Mistake of Ownership: If the defendant honestly believed that they had the right to possess or dispose of the property, they may be able to argue a mistake of ownership. For instance, if the defendant was given the property by someone who they believed had the authority to do so, this could be a valid defense.
- No Deprivation of the Owner’s Rights: A defendant could argue that the owner did not suffer any deprivation of their property rights. If the property was returned in a reasonable amount of time or if the owner did not lose access to the property, this could undermine the case for Theft by Conversion.
- Lack of Proof: As with any criminal charge, the prosecution must prove every element of the offense beyond a reasonable doubt. A skilled defense attorney might challenge the prosecution’s evidence or argue that the evidence is insufficient to support a conviction.
How a Georgia Criminal Defense Attorney Can Help
If you’ve been charged with Theft by Conversion in Georgia, it's essential to consult with an experienced criminal defense attorney as soon as possible. A skilled lawyer can:
- Review the facts of your case and develop a defense strategy tailored to your situation,
- Challenge the evidence and work to discredit the prosecution's claims,
- Negotiate with the prosecution for a plea bargain or reduced charges, or
- Represent you in court to fight for your rights and minimize potential penalties.
Theft By Conversion Defense Lawyer: Protect Your Rights and Your Future
Theft by Conversion is a serious criminal offense in Georgia that can lead to significant legal consequences, including fines, imprisonment, and a criminal record. If you’ve been charged with Theft by Conversion under O.C.G.A. § 16-8-4, it’s important to seek legal counsel from a trusted Georgia criminal defense lawyer.
By understanding the elements of the crime, the potential penalties, and the available defenses, you can better navigate the criminal justice system and protect your future.
If you or someone you know is facing a Theft by Conversion charge, don’t wait—contact a criminal defense attorney today to discuss your case and explore your options for defense.