Theft of Lost or Mislaid Property (O.C.G.A. § 16-8-6)
Understanding O.C.G.A. § 16-8-6
O.C.G.A. § 16-8-6 specifically addresses the unlawful appropriation of lost or mislaid property. This law criminalizes the act of taking possession of property that one knows to be lost or mislaid without making reasonable efforts to return it to its rightful owner.
O.C.G.A. § 16-8-6: A person commits the offense of theft of lost or mislaid property when they come upon property that they know to be lost or mislaid and, after obtaining or exerting control over the property, they fail to take reasonable measures to restore the property to the rightful owner.
Examples of Breaking the Law
- Finding and keeping a wallet or purse without attempting to locate the owner.
- Using a lost credit card discovered in a public place for personal purchases.
- Retaining a mobile phone found in a public area without trying to identify its owner.
Punishments and Penalties for Violating O.C.G.A. § 16-8-6
The penalties for theft of lost or mislaid property in Georgia depend on the value of the property:
- If the property is valued at $500 or less, it is treated as a misdemeanor, punishable by up to one year in jail and fines.
- For property valued over $500, the crime becomes a felony, with potential imprisonment for one to 10 years.
Defense Strategies
Effective defense strategies may include:
- Demonstrating a lack of knowledge that the property was lost or mislaid.
- Providing evidence of efforts made to locate the rightful owner.
- Questioning the valuation of the property in question.
Legal Comparison: Georgia vs. Other States
Georgia’s statutes regarding theft of lost or mislaid property are similar to those in many other states, with variations mainly in the valuation thresholds for felony charges and the severity of penalties.
Legal Assistance for Charges of Theft of Lost or Mislaid Property
If you face charges under O.C.G.A. § 16-8-6, skilled legal representation is essential. Watson Law LLC, led by Attorney Zakiya Watson-Caffe, Esq., offers experienced legal counsel to navigate these complex situations.
Ready to Get Legal Help?
Facing charges for theft of lost or mislaid property? It’s crucial to act promptly. Contact Watson Law LLC for expert legal assistance. Attorney Zakiya Watson-Caffe, Esq., and her team are committed to providing you with the robust defense you deserve. Learn more about our firm on our About Us page.
