How do Georgia criminal defense lawyers dispute tampering with utility charges?
Disputing a charge of tampering with utility services in Georgia, such as gas, water, or electricity, requires a defense that targets the element of intent and challenges the technical evidence presented by the utility company. The relevant statutes, like O.C.G.A. § 16-7-25, make it illegal to knowingly and without authorization tamper with or divert utility services. The defense must create reasonable doubt about whether the defendant acted knowingly and with a fraudulent purpose.
A primary defense is a lack of knowledge. In many cases, particularly in rental situations, a person may move into a property where the utilities have already been tampered with by a previous tenant. The current resident may be entirely unaware that a meter has been bypassed or altered. The defense would investigate the history of the utility account for that address, seeking to show that the tampering predated their client’s residency. Testimony from the client that they were simply paying the bills they received and had no idea there was an issue with the meter can be very effective.
Another key defense strategy is to argue that any damage or alteration to the utility equipment was accidental or the result of a legitimate repair attempt, not a deliberate act of tampering. For example, a homeowner doing yard work might accidentally damage an underground cable or pipe near a meter. Or, a person might try to fix a leaky pipe near a water meter and inadvertently break a seal. The defense would present evidence of the circumstances to show the lack of any criminal or fraudulent intent.
The technical evidence from the utility company must be rigorously challenged. Utility company investigators are not infallible. The defense can hire its own expert, such as a licensed electrician or plumber, to inspect the equipment and dispute the company’s findings. This expert can testify that the alleged tampering is actually a sign of equipment malfunction, weathering, or a faulty installation by the utility company itself.
The defense will also scrutinize the utility company’s records. How did they calculate the amount of allegedly stolen service? Their methods are often estimations that can be challenged as inaccurate or speculative. Any inconsistencies in their billing or service records for the property can be used to undermine the credibility of their claim.
Ultimately, the prosecution must prove that the defendant, with their own hands or at their direction, intentionally and knowingly manipulated the utility service to avoid payment. By presenting plausible, alternative explanations for the state of the equipment or by demonstrating that the client was unaware of the situation, a defense attorney can effectively dismantle the state’s case and protect a client from a conviction based on assumption and circumstance.…