Theft and Larceny Charges and Penalties in Georgia

Theft and Larceny Charges and Penalties in Georgia

Theft and larceny charges in Georgia can range from misdemeanors to felonies, depending on the value of the stolen property and other factors. Here is an overview of Georgia’s theft laws and potential penalties.

Types of Theft Crimes in Georgia

There are several ways a person can commit theft under Georgia law:

• Theft by Taking – Unlawfully taking someone else’s property with the intent to deprive them of it permanently. This is the most common theft charge in Georgia.
• Theft by Deception – Obtaining property or services through deceitful means with intent to deprive the owner. For example, writing a bad check.
• Theft by Conversion – Lawfully obtaining property then converting it to your own use in a way that deprives the owner. For instance, renting a car then selling it.
• Theft of Services – Using deception to avoid paying for services like hotel rooms or entertainment.
• Theft by Receiving Stolen Property – Acquiring property you know or should know is stolen.
• Theft by Shoplifting – Concealing unpurchased merchandise on your person or altering price tags with intent to steal.
• Theft of Lost or Mislaid Property – Keeping lost property instead of taking reasonable measures to find the owner.
• Theft by Extortion – Unlawfully obtaining property by threatening injury, accusation, or other means.

Determining Misdemeanor vs. Felony Theft

Whether a theft crime is a misdemeanor or felony depends primarily on the value of the stolen property:

• Less than $1,500 – Misdemeanor, up to 1 year in jail
• $1,500 to $5,000 – Felony, 1 to 5 years in prison
• $5,000 to $25,000 – Felony, 1 to 10 years in prison
• More than $25,000 – Felony, 2 to 20 years in prison

So if you’re accused of stealing a $500 phone, it’s a misdemeanor. But stealing a $5,000 TV makes it a felony.

Judges can sentence some felony thefts as misdemeanors, however. And for theft between $1,500-$5,000, they have discretion to charge as misdemeanor or felony.

Penalties for Misdemeanor Theft

For misdemeanor theft of property less than $1,500, potential penalties include:

• Up to 12 months in jail
• Fine up to $1,000
• Probation
• Community service

If the jail term is 6 months or less, the judge may allow weekend or nighttime confinement.

Penalties for Felony Theft

Felony theft penalties get more severe depending on the value stolen:

• $1,500 to $5,000 – 1 to 5 years in prison
• $5,000 to $25,000 – 1 to 10 years in prison
• Over $25,000 – 2 to 20 years in prison

Fines up to $100,000 are also possible for felony theft convictions. Other potential penalties include probation, community service, and restitution to the victim.

Enhanced Penalties for Repeat Offenders

Georgia imposes harsher sentences on repeat theft offenders:

• 2+ misdemeanor theft convictions – Felony sentence of 1-5 years
• 3+ felony theft convictions – Felony sentence of 1-5 years
• 4+ felony convictions (any type) – Maximum sentence, no parole

So someone with multiple prior thefts on their record could face long prison time for a new minor theft charge.

Shoplifting Penalties

For first-time shoplifting less than $500, potential penalties include:

• Up to 12 months in jail
• Fine up to $1,000
• Community service

But penalties get stiffer for repeat shoplifting:

• 2nd conviction – Fine $500-$1,000, min 30 days jail
• 3rd conviction – Fine $1,000-$2,000, min 90 days jail
• 4th conviction – Felony, 1-10 years prison

Civil Damages for Theft

Beyond criminal penalties, theft victims can sue offenders for monetary damages like:

• Value of stolen property
• Lost profits
• Attorney’s fees

So you could face civil liability even if criminal charges don’t stick.

Common Defenses to Theft Charges

Some possible defenses to fight theft accusations include:

• Lack of intent – You didn’t intend to permanently deprive the owner.
• Claim of right – You had a lawful interest in the property taken.
• Consent – The owner consented to you having the property.
• Mistake – You mistakenly thought the property was yours.
• Duress – You were coerced into the taking by threats.
• False accusations – The alleged victim is lying about the theft.
• Improper police conduct – Evidence against you was obtained illegally.

An experienced Georgia theft crimes lawyer can evaluate the facts of your case and build the strongest defense to fight the charges.

Theft Charges Should Not Be Taken Lightly

While a minor shoplifting or low-value theft may only lead to misdemeanor penalties, larger thefts can result in years behind bars. And having prior theft convictions on your record makes penalties for any new charge much harsher.

Don’t wait to get help from an attorney if you or a loved one is facing theft allegations in Georgia. A skilled lawyer can often get charges reduced or even dismissed. But the sooner you take action, the better your chances of avoiding devastating consequences.