Georgia Theft Law: What the Charge Really Means
Georgia’s theft statutes cover a wide range of conduct under O.C.G.A. §§ 16-8-2 through 16-8-9. The severity of the charge depends primarily on the value of what was allegedly taken and the circumstances of the taking. Under O.C.G.A. § 16-8-12, theft of property valued at $1,500 or less is typically a misdemeanor; theft between $1,500.01 and $5,000 is a felony carrying one to five years; theft between $5,000 and $25,000 carries one to ten years; and theft above $25,000 carries two to twenty years. A prior theft record can also elevate a misdemeanor to a felony.
But the line between misdemeanor and felony is not the only thing that matters. Even a misdemeanor theft conviction can end a career in healthcare, finance, law, education, or any field requiring a background check. Charles handles theft cases with a full understanding of what is really at stake.
Theft Charges Cullen Law Defends
Theft by Taking (O.C.G.A. § 16-8-2) — The core theft statute; covers taking property of another with intent to deprive them of it.
Theft by Deception (O.C.G.A. § 16-8-3) — Obtaining property by false representation or misrepresentation; can overlap with fraud charges.
Theft by Receiving Stolen Property (O.C.G.A. § 16-8-7) — You do not have to have stolen something to be charged; knowingly receiving or possessing stolen property is its own offense, and the prosecution does not necessarily need to prove who the original thief was.
Shoplifting (O.C.G.A. § 16-8-14) — Often charged aggressively by retailers, with civil demand letters running alongside the criminal case. Property valued under $500 is a misdemeanor; $500 or more can trigger felony exposure, and a fourth lifetime conviction is a felony regardless of value.
Employee Theft and Embezzlement — Taking from an employer is a theft offense under § 16-8-2, but when taken by a fiduciary in breach of duty, § 16-8-12(a)(3) elevates the sentence to one to fifteen years regardless of the value.
Robbery (O.C.G.A. § 16-8-40) — Taking property by intimidation or force; a felony carrying one to twenty years.
Armed Robbery (O.C.G.A. § 16-8-41) — Taking property using an offensive weapon or any replica of one; carries a mandatory minimum of ten years with no probation or parole, and up to life in prison.
Burglary — First-degree burglary under O.C.G.A. § 16-7-1 involves entering a dwelling with intent to commit a felony or theft inside and carries one to twenty years; second-degree burglary applies to non-residential structures.
Defense Strategies in Theft Cases
One of the most important questions in theft cases is whether the state can prove every element of the offense — including intent. Georgia theft offenses require proof that the defendant intended to permanently deprive the owner of the property, and that element can be contested in a variety of factual circumstances.
Charles also evaluates whether the evidence was lawfully obtained, whether any identification procedures were reliable, and whether any confession or statement was properly taken. In appropriate cases, he negotiates outcomes — including diversion programs for eligible first-time offenders under O.C.G.A. § 16-13-2’s conditional discharge framework or Georgia’s First Offender statute where applicable — that avoid a permanent conviction on your record.
Your Record Is Worth Protecting
A theft conviction is not something you want following you for the rest of your professional life. Call Cullen Law to discuss your case and understand your options before you make any decisions about how to respond to the charges.
