Felonies are serious crimes that can result in significant penalties in Georgia. If you are being charged with theft, understanding when the crime becomes a felony is crucial in protecting yourself and your future. Read on and speak with a skilled Atlanta theft lawyer today for more information.

What is Theft?

There are several types of theft offenses recognized under Georgia law, including theft by taking, theft by deception, theft by conversion, theft of services, theft of lost or mislaid property, theft by receiving stolen property, theft by shoplifting, and theft by extortion, among others.

Theft by taking is the base form of this type of crime and is described in the Official Code of Georgia Annotated Section 16-8-2 as when a person “unlawfully takes or, being in lawful possession thereof, unlawfully appropriates any property of another with the intention of depriving him of the property, regardless of the manner in which the property is taken or appropriated.”

When Does Theft Become a Felony in GA?

Theft offenses can be prosecuted as either a misdemeanor or a felony, depending on the specific circumstances of the situation. One of the most important factors contributing to whether or not theft is considered a felony in Georgia is the value of the property that was stolen.

In general, theft is a misdemeanor offense unless the property is valued at more than $1,500. If you stole items totaling more than $1,500, you will likely be facing felony charges.

Can I Be Charged With a Felony Even if the Property is Less Than $1,500?

While the monetary value of the property stolen is one of the main factors in determining theft charges, there are other factors to consider. For example, you can be charged with a felony regardless of the property’s value if:

  • You have 2 prior convictions for a similar offense
  • The property was any amount of anhydrous ammonia
  • The offense involved a breach of a fiduciary duty
  • The property was a memorial to the dead
  • The property was a firearm, explosive, or destructive device

These are some of the many circumstances that may warrant felony charges, not taking into account the financial value of the items stolen.

What Are the Penalties for Felony Theft in Georgia?

The penalties for a felony theft conviction depend on the circumstances of the offense, but the state sets standard sentencing guidelines. Consider the following.

  • Property between $1,500.01 and $5,000: 1 to 5 years in prison
  • Property between $5,000.01 and $25,000: 1 to 10 years in prison
  • Property exceeding $24,999.99: 2 to 20 years in prison

More specific circumstances will lend themselves to varying consequences. For example, if the property stolen was a firearm, the term of imprisonment will be between 5 and 10 years, and if the offense involved a breach of a fiduciary obligation, it could result in 1 to 15 years.

Criminal law can be complex, so reach out to an experienced attorney for more information and legal representation today.