Theft (Article 177 of the Criminal Code of Georgia) is the secret misappropriation of another person's movable item for the purpose of unlawful ownership. This is one of the most common crimes, covering a wide range of acts — from stealing a low-value item from a store to burglarizing an apartment or storage facility. Legislation strictly distinguishes theft (secret act) from robbery (open taking) and armed robbery (taking by violence). Criminal liability for theft arises if the value of the stolen item exceeds 150 GEL. If the amount is less, the act is considered petty theft and is subject to administrative liability (with certain exceptions). The severity of the punishment depends on aggravating circumstances such as breaking and entering, group commission, large amount, or past criminal record. The assistance of a qualified lawyer is critically important to correctly assess the value of the item, determine the correctness of the qualification, and use plea bargaining or diversion mechanisms.
What does Theft Defense service cover?
Criminal defense lawyers offer:
- Requalification of the act: Working to have the charge assessed under a lighter article (e.g., if there was no "breaking and entering" or the value of the item is lower).
- Valuation of the item: Determining the real market value of the stolen item (considering depreciation), which can change the severity of the charge or exclude criminal liability altogether.
- Verification of evidence: Checking the legality and authenticity of video recordings, DNA, or fingerprints.
- Reconciliation with the victim: Compensating the victim for damages and reaching a settlement, which is a primary prerequisite for sentence mitigation or a suspended sentence.
- Achieving diversion: In the case of a first-time offense, negotiating with the Prosecutor's Office to end the case without a criminal record.
Common Situations and Scenarios
Theft charges are often found in the following situations:
- Shoplifting: Taking an item from a supermarket or clothing store without paying.
- Burglary: Illegal entry into a dwelling and taking items (a serious category).
- Pickpocketing: Secretly stealing wallets or phones on transport or in public places.
- Car theft: Removing items (mirrors, stereos) from a car.
Georgian Legislation and Legal Framework
The main article is Article 177 of the Criminal Code. Punishment ranges from a fine to imprisonment for up to 10 years (in particularly aggravated cases). Stealing an item worth up to 150 GEL is considered an administrative offense unless the act has aggravating circumstances (e.g., entering an apartment). The lawyer's strategy is often based on full compensation for damages and the withdrawal of the victim's claim, which gives the court grounds to use a minimum sentence or a plea agreement.
Service Delivery Process
The lawyer gets involved in the case immediately upon arrest. The first stage is the hearing on preventive measures (bail or detention). The lawyer tries to convince the court not to use detention. Then negotiations begin with the Prosecutor's Office and the victim regarding compensation for damages.
Why choose a specialist on Legal.ge?
Working on theft cases requires quick reaction and negotiation skills. On Legal.ge, you will find criminal lawyers who know how to avoid a custodial sentence for the client and maintain their "clean" record through diversion.
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