Georgia property crimes range from misdemeanor theft to serious felonies carrying up to 20 years in prison, depending on the value of the property stolen and the specific type of offense. Under O.C.G.A. § 16-8-12, theft of property worth $1,500 or less is a misdemeanor, and theft above that threshold is a felony (though judges retain some discretion at the lower felony ranges). Even a misdemeanor conviction can affect your employment, housing, and professional licenses for years.
If you are facing a property crime charge in Georgia, the value of the property involved and your prior record will largely determine what you are up against.
Kim Keheley Frye and the team at Frye Law Group defend theft and property crime charges throughout Marietta and Cobb County. Below we break down the types of charges, what the law says, and what the penalties actually look like.
Different Kinds of Property Crimes in Georgia
In Georgia’s criminal law, “theft” refers to several different crimes. The most common is theft by taking, defined under O.C.G.A. § 16-8-2 as unlawfully taking or appropriating any property of another with the intention of depriving them of it, regardless of how the taking occurred.
Depending on the circumstances, you may be charged with a more specific type of theft:
- Theft by deception: Taking property through lies or fraud.
- Theft by conversion: Lawfully receiving property and then using or disposing of it in an unauthorized way that deprives the owner of it.
- Theft of services: Obtaining services through deception, threat, or other means without intending to pay for them.
- Theft by shoplifting: Taking merchandise from a store or retail establishment without paying for it.
- Theft by extortion: Using threats or coercion to obtain property from another person.
- Theft by receiving stolen property: Receiving, retaining, or disposing of stolen property knowing it was obtained illegally.
An experienced criminal defense attorney can help you understand exactly which type of theft you’re being charged with. However, the elements and potential penalties are largely the same for each type.
Penalties for Property Crimes in Georgia
Under O.C.G.A. § 16-8-12, the penalties for property crimes in Georgia depend on the value of the stolen property and the specific type of theft. Generally, the higher the value of the stolen property, the more severe the punishment will be. Here’s an overview of some common theft crimes and their potential penalties:
- Theft of $1,500 or less: Misdemeanor, up to 12 months in jail and a fine of up to $1,000
- Theft of $1,500.01 to $5,000: Felony, 1 to 5 years in prison; the judge has discretion to impose misdemeanor punishment
- Theft of $5,000 to $24,999.99: Felony, 1 to 10 years in prison
- Theft of $25,000 or more: Felony, 2 to 20 years in prison
- Two or more prior theft convictions: A third conviction is a felony carrying 1 to 5 years, even if the property value would otherwise be a misdemeanor
- Theft by a fiduciary, government official, or financial institution employee: Felony, 1 to 15 years regardless of value
- Theft of a firearm or explosive: Felony, 1 to 10 years; 5 to 10 years on a second conviction
How a Property Crime Conviction Affects Your Future
A property crime conviction in Georgia, even a misdemeanor, can create long-term consequences beyond the immediate penalties. Theft convictions are particularly damaging because they involve dishonesty, and many employers, licensing boards, and housing providers treat them as automatic disqualifiers.
If you are a first-time offender, Georgia’s First Offender Act under O.C.G.A. § 42-8-60 may allow you to resolve the case without a conviction being entered on your record, but this option must be pursued at sentencing, not after the fact. For more on what a conviction means for your background check, read our blog on whether employers can see restricted records in Georgia.
Contact a Criminal Defense Attorney
If you are facing criminal charges for a property crime in Georgia, it’s crucial to seek the help of an experienced criminal defense lawyer.
At Frye Law Group, LLC, we have a team of skilled attorneys who will fight to protect your rights and defend you against any property crime charges. Contact us today for a free case evaluation, and let us help you navigate the complex legal system in Georgia.
Frequently Asked Questions About Property Crimes in Georgia
1. What is the difference between misdemeanor and felony theft in Georgia?
Under O.C.G.A. § 16-8-12, theft involving property worth $1,500 or less is a misdemeanor. Theft above $1,500 is a felony, with penalties that increase significantly based on the value of the property. If you have two prior theft convictions, a third conviction becomes a felony regardless of the value of the property involved.
2. What is theft by taking in Georgia?
Theft by taking under O.C.G.A. § 16-8-2 covers any unlawful taking or appropriation of another person’s property with the intent to deprive them of it, regardless of how the taking occurred. It is the most common theft charge in Georgia and carries penalties based on the value of the property involved.
3. Can a theft charge in Georgia be resolved without a conviction?
For eligible first-time offenders, Georgia’s First Offender Act under O.C.G.A. § 42-8-60 allows a defendant to complete a sentence without a conviction being formally entered. This must be raised at sentencing. Contact Frye Law Group to find out whether you may qualify.
4. Will a theft conviction show up on a background check in Georgia?
Yes. A theft conviction will appear on most background checks run by employers, landlords, and licensing boards unless the record has been restricted. Theft convictions are particularly damaging because they involve dishonesty, and many employers treat them as automatic disqualifiers regardless of how much time has passed.
5. What is the penalty for shoplifting in Georgia?
Shoplifting is governed separately under O.C.G.A. § 16-8-14. A first or second offense involving $500 or less is a misdemeanor. A third offense within five years is a felony. Items valued at $1,000 or more trigger felony charges on a first offense. Contact Frye Law Group if you are facing shoplifting charges in Cobb County.
6. What should I do if I am charged with a property crime in Georgia?
Contact a criminal defense attorney immediately and do not make statements to law enforcement before speaking with one. The value of the property alleged, your prior record, and how early an attorney gets involved all affect what options are available to you. Frye Law Group offers free case evaluations.