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Theft offenses cover everything from shoplifting a t-shirt to robbing a bank.  Theft crimes may be classified as a misdemeanor or felony, depending on the severity of the crime or value of the item taken.

Theft Crimes

Georgia Theft by Shoplifting offenses are treated seriously, which is why it has a lower threshold.  A Theft by Shoplifting is a misdemeanor if the merchandise taken is $500 or less.  However, if the merchandise taken is more that $500, then it’s a felony.  A fourth or subsequent Theft by Shoplifting conviction is a felony regardless of whether or not the prior convictions are felonies or misdemeanors.  Other theft offenses have a higher threshold; if the item taken is $1,500 or less, then it’s a misdemeanor.  If the item taken has a value of $1,500.01 or more, then it’s a felony.

Theft Offenses:

Definitions & Penalties:

• Burglary:
  • First Degree Burglary: without permission and with the intent to commit a felony or theft inside, enters or remains in another person’s house or any other structure used as a person’s house such as a building, vehicle, railroad car, watercraft or aircraft.
  • Second Degree Burglary: same definition as First Degree except the structure is not a house
  • Smash & Grab: intentionally and without permission enters a store with the intent to commit a theft and causes damage more than $500 without the owner’s permission
• Burglary Penalties:
  • First Degree Burglary: 1 year to 20 years in jail. If second offense, then 2 to 20 years in jail. If third offense or more, then 5 years to 25 years in jail
  • Second Degree Burglary: 1 year to 5 years in jail.  If second offense or more, then 1 year to 8 years in jail
  • Smash & Grab: 2 to 20 years in jail and/or up to a $100,000 fine. If second offense or more, then 5 years to 20 years in jail and/or up to a $100,000 fine
  • Fourth or more Burglary offense: the sentence is mandatory so you will do all the time
• Possession of Tools:possesses any tool, explosive, or other device commonly used in burglaries, thefts, or other crimes with the intent to use it in during a crime
  • Penalties: 1 year to 5 years in jail.
• Theft by Shoplifting:when a person alone or with the help of someone else, takes merchandise or deprives the owner of the merchandise by either: (1) concealing or taking the merchandise; (2) changing or switching out the price tag; (3) transferring the merchandise to another container; or (4) wrongfully causing the store to sell it to you for less money than its original price.
• Theft by Shoplifting Penalties:
  • Misdemeanor: If the value taken is less than $500 or it’s a first, second, or third offense.
  • Felony: If the value taken is $500 or more, or if merchandise was taken from three separate stores within one county in a seven-day period and the total value is more than $500, or if the merchandise taken in a 180 day period and total value exceeds $500 then 1 year to 10 years in jail
• Theft by Taking:unlawfully takes someone else’s property with the intent of keeping it or lawfully possesses someone else’s property with the intent of keeping it and there was no agreement or permission from the owner to keep the property.  It doesn’t matter how the property was taken.
• Theft by Taking Penalties:
  • Misdemeanor: If the value taken is less than $1,500.
  • Felony: If the value of the property taken is between $1,500.01 and $5,000, then the sentence ranges from 1 year to 5 years in jail. If the value of the property taken is between $5,000 and $25,000, then the sentence ranges from 1 year to 10 years in jail. Judge can sentence as a misdemeanor.
• Theft by Deception:getting someone else’s property by any deceitful means with the intention of keeping it
• Theft by Deception Penalties:
  • Misdemeanor: If the value taken is less than $1,500
  • Felony: If the value of the property taken is between $1,500.01 and $5,000, then the sentence ranges from 1 year to 5 years in jail. If the value of the property taken is between $5,000 and $25,000, then the sentence ranges from 1 year to 10 years in jail. Judge can sentence as a misdemeanor
• Theft by Conversion:having the legal right to use or keep someone else’s property for a certain purpose but uses or changes the property for their own use instead and in violation of the purpose or agreement
• Theft by Conversion Penalties:
  • Misdemeanor: If the value of the item taken is less than $1,500.
  • Felony: If the value of the item taken is between $1,500.01 and $5,000, then the sentence ranges from 1 year to 5 years in jail. If the value of the item taken is between $5,000 and $25,000, then the sentence ranges from 1 year to 10 years in jail. Judge can sentence as a misdemeanor
• Theft of Services:with the intent to not pay, uses deception to get services, accommodations, entertainment, or the use of personal property, which is only available by paying for it
• Theft of Services Penalties:
  • Misdemeanor: If the value of the service is less than $1,500
  • Felony: If the value of the service is between $1,500.01 and $5,000, then the sentence ranges from 1 year to 5 years in jail. If the value of the service is between $5,000 and $25,000, then the sentence ranges from 1 year to 10 years in jail. Judge can sentence as a misdemeanor
• Theft of Lost or Mislaid Property:being in control of property he/she knows or learns is lost or mislaid and doesn’t take reasonable steps to return the property to its owner
• Theft of Lost or Mislaid Property Penalties:
  • Misdemeanor: If the value of the item taken is less than $1,500.
  • Felony: If the value of the item taken is between $1,500.01 and $5,000, then the sentence ranges from 1 year to 5 years in jail. If the value of the item taken is between $5,000 and $25,000, then the sentence ranges from 1 year to 10 years in jail. Judge can sentence as a misdemeanor
• Theft by Receiving Stolen Property: receives, gets rid of, or keeps stolen property, which he/she knows or should know was stolen unless the property is received, gotten rid of, or kept with the intention of giving it back to its owner
• Theft by Receiving Stolen Property Penalties:
  • Misdemeanor: If the value of the item taken is less than $1,500.
  • Felony: If the value of the item taken is between $1,500.01 and $5,000, then the sentence ranges from 1 year to 5 years in jail. If the value of the item taken is between $5,000 and $25,000, then the sentence ranges from 1 year to 10 years in jail. Judge can sentence as a misdemeanor
• Entering Auto:enters any vehicle with the intention of committing a theft or felony
  • Penalties:The sentence ranges from 1 year to 5 years in jail. Judge can sentence as a misdemeanor
• Hijacking a Motor Vehicle: while possessing a weapon, gets a motor vehicle from a person or their presence using force and violence, or intimidation, or attempts or conspires to do so
  • Penalties:Mandatory 10 years to 20 years in jail and $10,000 to $100,000 fine.  If a prior offense, then mandatory life imprisonment and $100,000 to $500,000 fine
• Robbery:with the intent to commit a theft, takes someone else’s property from their person or their immediate presence by (1) using force, (2) intimidation, threat or coercion, or placing that person in fear of immediate serious bodily injury, or (3) sudden snatching
  • Penalties: The sentence ranges from 1 year to 20 years in jail. If the victim is 65 years old or older, then sentence ranges from 5 years to 20 years in jail
• Armed Robbery:with the intent to commit a theft, takes someone else’s property from their person or their immediate presence using a weapon or anything that looks like a weapon
  • Penalties:Mandatory 10 years to 20 years in jail, life imprisonment, or death penalty