Facing Theft of Services Charges in Georgia? Here's What You Need to Know.
Theft of services is a serious offense under Georgia law that involves knowingly obtaining services through deceit, fraud, or intentional avoidance of payment. While many are familiar with traditional theft—such as stealing physical property—Georgia’s criminal code also recognizes the unlawful taking of services as a criminal offense.
The statute governing this crime is O.C.G.A. § 16-8-16, which defines theft of services, outlines the penalties for this crime, and explains the potential defenses.
If you or someone you know has been accused of theft of services, understanding the law, how it applies, and how to defend against charges is crucial.
As Georgia theft of services lawyers, we wanted to write a blog post to explore the key elements of O.C.G.A. §16-8-16, including what constitutes theft of services, the potential penalties, and possible defenses.
What Is Theft of Services Under Georgia Law?
Under O.C.G.A. §16-8-16, theft of services occurs when an individual intentionally obtains services, knowing that they are not entitled to them, and either withholds payment or otherwise avoids paying for the services. Services are defined broadly and can encompass a wide variety of actions, including but not limited to:
- Hotel stays: Failing to pay for a room after consuming services.
- Medical services: Receiving medical treatment and then refusing to pay or fraudulently avoiding the cost.
- Transportation: Riding a taxi, bus, or other paid transport services without paying.
- Utility services: Illegally obtaining electricity, water, or gas services without paying.
- Professional services: Skipping out on a meal at a restaurant or leaving without paying for a service provided by a tradesman.
- Cable or Internet Service Fraud: Using cable, internet, or phone services without paying, possibly by tampering with the equipment or using someone else's account without permission.
- Leaving a Restaurant Without Paying: Dine-and-dash, where a customer consumes a meal and leaves without paying for it, is a common example of theft by services.
In general, for an individual to be guilty of theft of services under O.C.G.A. §16-8-16, they must have committed the act knowingly and intentionally with the clear purpose of depriving the service provider of their due compensation.
The statute, O.C.G.A. §16-8-16, provides specifically:
“A person commits the offense of theft of services when by deception and with the intent to avoid payment he knowingly obtains services, accommodations, entertainment, or the use of personal property which is available only for compensation.”
Elements of Theft of Services
The statute outlines several key elements that must be proven for an individual to be convicted of theft of services:
1. Obtaining Services
The first element of the offense is that the defendant must have obtained services. "Services" under Georgia law can include any type of work or labor performed for another, including professional services, medical services, utility services, and other acts where a fee is charged in exchange for providing the service.
2. Knowingly and Fraudulently Obtaining Services
The defendant must have obtained the services knowingly. This means the person must have been aware that they were obtaining services and had the intent to avoid payment. This is a critical distinction, as a person who accidentally fails to pay for services or is unaware of their obligation to pay is not committing theft of services. However, if a person acts with the intent to defraud or avoid payment, they meet this criterion.
Fraudulent actions could include misrepresentation (for example, falsely claiming to have paid for a service), using a false credit card, or taking advantage of a service under the false pretenses of being unable to pay.
3. Failure to Pay or Avoiding Payment
Finally, the defendant must have failed to pay for the services or avoided payment in some way. This could involve outright refusal to pay for services after receiving them or using deceptive tactics to escape the financial obligation. For instance, leaving a restaurant without paying or providing false payment details to avoid being charged are examples of avoiding payment.
Penalties for Theft of Services in Georgia
The penalties for theft of services under O.C.G.A. §16-8-16 vary depending on the value of the services that were unlawfully obtained. The state classifies the offense into two levels, misdemeanor and felony:
What is the Punishment for Theft in Georgia?
- If Theft of Services amount is:
- Less than $1,500: the maximum punishment is 12 months in jail and/or $1,000.
- $1,500.01 – $5,000: 1 to 5 years imprisonment
- $5,000.01 – $24,999.99: 1 to 10 years' imprisonment
- $25,000 or more: 2 to 20 years' imprisonment
Potential Defenses Against Theft of Services Charges
When facing charges of theft of services, there are several possible defenses that may be available depending on the circumstances of the case. An experienced criminal defense attorney can help identify the most appropriate defense strategy. Here are some common defenses:
1. Lack of Intent
As with all theft crimes, the prosecution must prove that the defendant had the intent to commit the crime. If it can be shown that the defendant did not intentionally obtain services without payment, then the charge may be dropped or reduced. For example, if the defendant mistakenly failed to pay for a service because of a misunderstanding, or if they were unable to pay due to extenuating circumstances, the court might find that there was no criminal intent.
2. Inability to Pay
If the defendant is genuinely unable to pay for the service, this could be used as a defense in some cases. However, it must be shown that the defendant did not intentionally evade payment. For example, if a person cannot pay for a taxi ride or a meal but makes an honest attempt to work out a payment arrangement, they may be able to use their inability to pay as a defense.
3. Lack of Knowledge
Another potential defense is that the defendant was unaware that they were obtaining services unlawfully. If the defendant did not know that they were required to pay for the service or did not know the cost, it may be possible to argue that they did not act with fraudulent intent.
4. False Accusations
Sometimes, individuals may be falsely accused of theft of services. In such cases, an experienced criminal defense lawyer can investigate the facts, review evidence, and expose any discrepancies or contradictions in the accuser’s story, which could result in the case being dismissed or the charges being reduced.
5. Payment Was Made
In some cases, it may be a simple matter of proving that payment was actually made, but there was a mistake in processing or accounting that led to the accusation of theft. If the defendant can demonstrate that they did indeed pay for the services, the case may be dismissed.
Georgia Theft of Services Lawyer Near Me
Theft of services is a serious charge in Georgia, and the penalties can be severe depending on the value of the services involved. If you or a loved one is facing theft of services charges, it is essential to take immediate action to protect your rights. A criminal conviction can have long-term consequences, including fines, imprisonment, and a permanent criminal record.
If you have been accused of theft of services, consulting with an experienced criminal defense attorney is critical to understanding your legal options. An attorney can assess your case, provide you with a clear understanding of the potential outcomes, and help you navigate the legal process.
At The Sherman Law Group, we are criminal defense lawyers dedicated to defending the rights of individuals accused of theft of services and other criminal offenses in Georgia. Contact us today for a free consultation to discuss your case and learn how we can help you achieve the best possible outcome.