Theft accusations can range from a simple misunderstanding to a serious felony, and the difference between the two can significantly impact your future.
If you’ve been accused of theft, you may be feeling overwhelmed. However, understanding how Georgia determines what is a misdemeanor and what is a felony is a crucial first step towards your defense.
The $1500 threshold
Theft is taking another person’s property with the intent to deprive them of it. Whether a crime is a misdemeanor or a felony depends on the circumstances of the theft and the value of the property.
In most cases, if the value of the property is less than $1,500, then it would likely be treated as a misdemeanor. However, even a misdemeanor can result in fines, up to 12 months in jail and probation. Furthermore, you will have a criminal record that can affect employment and other opportunities.
If the value of the property is $1,500 or more, then it may qualify as a felony. The penalties become much steeper, including terms of 1 to 10 years in prison and substantial fines.
But the property’s value isn’t the only deciding factor in whether a theft is treated as a felony. Prosecutors may push for harsher penalties if any of the following are involved:
- Credit card theft
- Firearms
- Theft from a person’s body, such as pickpocketing
- Targeting elderly or disabled adults
- Government property
Prior offenses also determine how a shoplifting charge will be treated. If the merchandise is valued at less than $500 and it’s a first or second offense, it will usually be considered a misdemeanor. Third offenses or shoplifting merchandise worth $500 or more can lead to felony charges.
Another keyword in the definition of theft is the word “intent”. Mistakes happen, such as forgetting to pay for an item at the bottom of a shopping cart, or the self-checkout not scanning it. It’s crucial to work with someone who can examine the circumstances, challenge the evidence and build a strong defense. Even a misdemeanor can have long-lasting consequences, so you need a legal representative who can protect your rights and your future.