Have You Been Charged with Theft of Cargo in Georgia?
Theft crimes cover a multitude of offenses including shoplifting, theft by deception, theft by extortion, and theft of cargo. Theft of cargo is a severe offense. It can be classified as a misdemeanor or a felony. If charged with misdemeanor or felony theft of cargo, you need a Georgia Theft by Cargo Lawyer in Georgia now.
What is Theft of Cargo in Georgia?
According to O.C.G.A. § 16-8-22, theft of cargo occurs in two different ways. The first way is when a person takes any vehicle that is involved in the commercial transportation of cargo. This includes trailers, semitrailers, containers, or other associated equipment. Further, the property must be taken with the intention of depriving the other person of the property, regardless of the manner in which it was taken.
The second-way theft of cargo in Georgia happens is when trailer, semitrailer, or container that belongs to a law enforcement agency is taken. Similarly to the first way, the property must be taken with the intent of depriving the other person of the property.
Penalty for Theft of Cargo in Georgia
A conviction for theft of cargo in Georgia can be a misdemeanor or a felony depending on the value taken. In addition, the person may have their commercial driver's license revoked.
Controlled Substances
If the property taken was a controlled substance with a value of less than $10,000, then the punishment will be a prison term between one and ten years in addition to a fine between $10,000 and $100,000.
If the controlled substance has a value between $10,000 and 1 million, then the penalty increases to a prison term between five and twenty-five years, a fine between $50,000 and 1 million, or both.
Lastly, if the controlled substance has a combined value of greater than 1 million, then the consequence will be a prison term between ten and thirty years, a fine between $100,000 and 1 million, or both.
In each of these circumstances, the person will be guilty of a felony.
Property Valued at Greater than $1,500
If the property taken has a value of less than $10,000, then the punishment will be a prison term between one and ten years in addition to a fine between $10,000 and $100,000.
If the property has a value between $10,000 and 1 million, then the penalty increases to a five and twenty-five years in prison, a fine between $50,000 and 1 million, or both.
Lastly, if the property is valued at greater than 1 million then the consequence will be ten to twenty years in prison, a fine between $100,000 and 1 million, or both.
In each of these circumstances, the person will be guilty of a felony.
Misdemeanor Theft of Cargo
A conviction for theft of cargo in Georgia would be considered a misdemeanor if the value of the property taken was less than $1,500. Misdemeanor convictions come with a penalty of up to one year in jail, a fine of up to $1,000, or both.
Theft of Law Enforcement Cargo
If the property taken was deployed by or used by a law enforcement agency, the offender would be punished by a prison term between one and ten years, a fine between $10,000 and $100,000, or both. It does not matter the value of the property taken. The offender will be guilty of a felony and may have their commercial driver's license revoked, if applicable.
How is Value Calculated?
The value to the cargo taken will be determined by the fair market value of the vehicle, appurtenances, and the cargo taken.
Georgia Defenses to Theft of Cargo
The value was miscalculated: Because the value of the property taken directly determines the sentence, it is crucial that it is accurate. If it was estimated using anything other the fair market value, then that is not an appropriate measurement.
I had consent from the owner: Consent from the owner to take the cargo would be a sufficient defense.
Mistaken identity: If you were not the person that took the cargo, then you need a Georgia Theft of Cargo Attorney to help with your defense. Police officers make mistakes, and you may have been in the wrong place at the wrong time.
It was an accident: The statute requires that the property is taken with the intention of depriving the owner. If you accidentally got into the wrong truck or there was a mistake, then you cannot be guilty of this crime. However, it is best to hire a Georgia Theft of Cargo Lawyer because this is a complicated defense.
Contact Us
The crime of theft of cargo is a grave offense in Georgia and requires the expertise of our Georgia Attorneys. The consequences of being convicted of theft of cargo will have a significant effect on your life. Your job, family, friends, will all feel the consequences. However, a charge is not the same as a conviction. Our Lawyers have decades of criminal defense experience and can help you achieve a favorable outcome. Contact us today for a free case evaluation.
