What to Do If You’re Charged with Theft in Georgia: From Misdemeanor to Felony

If you were arrested for the offense of theft in Georgia, it can be overwhelming. If it’s a felony-level accusation of burglary or shoplifting, the consequences of a conviction will remain for the rest of your life. It’s important you get a good sense of what Georgia law considers theft, what types of penalties you can receive, and how you can protect yourself if you or someone you know is arrested for this crime.

How does Georgia define theft?

Georgia criminal law (O.C.G.A. § 16-8-1 through § 16-8-18) covers a wide array of theft offenses. At its core, theft involves taking or unlawfully using someone else’s property with the intent to deprive them of it. Common theft charges include:

• Shoplifting – Taking merchandise without paying, altering price tags, or concealing items.
• Theft by taking – Physically taking property without the owner’s consent.
• Theft by deception – Using fraud or trickery to obtain property
• Theft by conversion – Lawfully possessing property but then converting it for personal use.
• Burglary and auto theft – More serious forms of theft involving breaking into homes, businesses, or vehicles.

Misdemeanor versus felony theft

The severity of theft charges in Georgia primarily depends on the value of the property that was allegedly stolen:

• Misdemeanor theft – If the property is worth $1,500 or less, the offense is usually treated as a misdemeanor. A conviction, however, can lead to up to 12 months in jail and fines of up to $1,000.
• Felony theft – If the property is worth more than $1,500, the charge would then become a felony, carrying a sentence ranging from one to 10 years in prison.

In addition to the cap figure, certain circumstances automatically elevate theft to a felony regardless of the value. These include:

• Stealing a firearm
• Theft involving a breach of fiduciary duty by an employee
• Theft of government or bank property

Defenses against theft charges

Theft charges are quite serious. There are, however, certain defenses that can apply depending on the facts of your case. Common strategies include:

• Lack of intent – Prosecutors must prove that you intended to steal. Accidentally leaving a store without paying for an item is not necessarily considered theft.
• Mistaken identity – Surveillance footage or witness testimony may be unreliable.
• Ownership or rightful possession – If you believed you had a legal right to the property, that can serve as a defense.
• Insufficient evidence – Weak or improperly collected evidence can be challenged and may lead to reduced charges or dismissal.

Find a Cobb County theft attorney today

A conviction for theft doesn’t just bring the possibility of jail time and fines; it can severely impact your future job prospects, professional licensing, housing applications, and reputation. Even a misdemeanor theft charge can carry long-term consequences.

An experienced criminal defense attorney can evaluate the evidence against you, identify potential defenses, and negotiate for alternatives such as diversion programs, reduced charges, or probation.

If you’ve been charged with theft, call the Cobb County criminal defense attorneys at Andrew L. Schwartz, P.C., today to schedule an appointment and learn more about how we can help.