Attempted theft is not treated the same as completed theft in Georgia, but any potential sentence depends on the nature of the attempt and the surrounding circumstances. Attempted theft generally carries a lighter sentence and does not typically require repayment to the victim, giving defendants more standing to request an alternative sentence with the right from Ghanayem & Rayasam in Atlanta, GA.
Understanding Georgia Criminal Attempt Charges
Written into Georgia law is a crime called ‘criminal attempt’ (G.A. Code § 16-4-1). You can be charged with criminal attempt if, with the intent to commit any crime, you took a ‘substantial step’ toward committing the offense. Substantial steps might include the following:
- Casing the location
- Smashing a window
- Breaking and entering
- Reaching or grabbing for the item
- Purchasing theft tools or weapons (even computer programs)
If you’ve been charged with attempted theft by taking in Atlanta, you’ve actually been charged with criminal attempt under G.A. Code § 16-4-1. The underlying ‘crime’ is then listed as ‘theft by taking’ under G.A. Code § 16-8-2 or another related theft offense.
Penalties for Criminal Attempt in Atlanta
Because the underlying criminal intent (called ‘mens rea’) is the same for attempted theft as for actual robbery, criminal attempt remains a serious crime. Under G.A. Code § 16-4-6, the penalty for attempted felony theft by taking is at least one year in prison, up to half of the maximum prison term for the underlying offense.
For example, if the maximum penalty for theft by taking is 10 years in jail, the maximum penalty for attempted theft is 5 years in prison. The same rule applies to the fine. Although you typically won't need to pay restitution if you fail to complete the theft, you might be required to pay up to half of the maximum fine listed for the underlying offense.
How the Abandonment Defense Works in Georgia Attempted Theft Cases
One of the strongest defenses to attempted theft by taking in Georgia is ‘abandonment’ under . Georgia law encourages people to abandon criminal activity before it is completed. As a result, abandonment can serve as a complete defense. To use it, your attorney must show that you wholly and voluntarily chose not to move forward with the theft after taking a substantial step toward committing it.
To qualify as abandonment, the decision to stop must be based on a genuine change of mind or conscience, not on external pressure, such as seeing police, fear of being caught, or a decision to postpone the attempt. Because abandonment is an affirmative defense, it can result in dismissal of the charges or support a not guilty verdict. Experienced attempted theft defense lawyers in Atlanta often raise this defense early, giving clients a strong opportunity to avoid conviction.
How We Can Help With Attempted Theft Charges
If you’ve been charged with criminal attempt, discuss your options for raising the abandonment defense, triggering the Georgia First Offender Act, or defeating the charges with the dedicated Atlanta attempted theft defense attorneys at Ghanayem & Rayasam. Call (404) 561-0202 or connect with our criminal defense team immediately to confidentially discuss the options in your case.