What Is Felony Theft in Georgia?

Theft charges in Georgia can range from a minor misdemeanor to a serious felony, and the difference often comes down to the value of the property involved. If you or someone you know is facing a theft charge, understanding where that line falls under Georgia law can help you grasp what is actually at stake.

How Georgia Defines Theft

Georgia law recognizes several forms of theft, including theft by taking, theft by deception, theft by conversion, and theft by receiving stolen property, among others, covered under O.C.G.A. §§ 16-8-2 through 16-8-9. Regardless of the specific form, all of these offenses share a common element: the unlawful taking or appropriation of someone else’s property with the intent to permanently deprive the owner of it.

The penalties for theft convictions are governed by O.C.G.A. § 16-8-12, which distinguishes misdemeanor theft from felony theft largely based on the dollar value of what was taken.

When Does Theft Become a Felony in Georgia?

This is where things get serious. Under O.C.G.A. § 16-8-12(a)(1), theft is generally treated as a misdemeanor when the value of the property is $1,500 or less. But once that value threshold is crossed, felony charges come into play:

• $1,500.01 to $4,999.99: Felony punishable by one to five years in prison
• $5,000 to $24,999.99: Felony punishable by one to ten years in prison
• $25,000 or more: Felony punishable by two to twenty years in prison

There are also situations where the nature of the property, rather than its value, triggers felony-level charges. Theft of a motor vehicle, for example, carries felony penalties regardless of the vehicle’s value. Similarly, theft committed by a fiduciary, government employee, or financial institution employee in breach of their duties can result in one to fifteen years of imprisonment. Even repeat offenders face elevated exposure: a third conviction for theft, even involving property valued at $1,500 or less, can be prosecuted as a felony.

What Are the Broader Consequences of a Felony Theft Conviction?

Beyond prison time, a felony theft conviction in Georgia carries long-lasting consequences that touch nearly every area of life. A felony record can make it significantly harder to find employment, secure housing, obtain professional licenses, or qualify for certain types of financial assistance. Civil liability is another concern. Under Georgia law, the victim of a theft may pursue a civil action seeking compensatory damages plus exemplary damages of $300 or three times the value of the loss, whichever is greater. That is on top of any criminal sentence.

It is also worth noting that Georgia’s habitual offender statute under O.C.G.A. § 17-10-7 can significantly increase sentences for individuals with prior felony convictions.

Contact Us for Help with Your Charges

The stakes in a felony theft case are real and long-lasting. If you are facing a theft charge in Marietta, Cobb County, or anywhere in the Atlanta metro area, we encourage you to explore your options. At Arca Law, our Marietta criminal defense attorneys are ready to review your case. Contact us today for a free consultation.

Source:

law.justia.com/codes/georgia/title-16/chapter-8/article-1/section-16-8-12/