According to Athens Patch, 4 University of Georgia football players were recently arrested and charged with misdemeanor Theft by Deception. These charges stem from the players “double dipping” their stipend checks by both depositing them on a mobile phone and later cashing the checks.
So what exactly is theft by deception? GA Code 16-8-3 defines it as obtaining property by any deceitful means or artful practice with the intention of depriving the owner of property. A person deceives if he (or she) intentionally:
(1) Creates or confirms another’s impression of an existing fact or past event which is false and which the accused knows or believes to be false;
(2) Fails to correct a false impression of an existing fact or past event which he has previously created or confirmed;
(3) Prevents another from acquiring information pertinent to the disposition of the property involved;
(4) Sells or otherwise transfers or encumbers property intentionally failing to disclose a substantial and valid known lien, adverse claim, or other legal impediment to the enjoyment of the property, whether such impediment is or is not a matter of official record; or
(5) Promises performance of services which he does not intend to perform or knows will not be performed. Evidence of failure to perform standing alone shall not be sufficient to authorize a conviction under this subsection.
If this is a first time misdemeanor offense, they will be fined no more than $1,000.00 and face jail time of no more than one year. Any amount of theft under $500 can be considered a misdemeanor.
If you have been charged with this or a similar theft offense, attorney Joseph Lariscy will work with you to resolve and/or reduce the consequences of such a charge. For a free consultation call (706)389-4375 or contact us online for legal assistance.