A theft or property crime charge in Georgia can shadow you long after the case closes, surfacing in background checks and job applications for years. These charges can range from a shoplifting citation to felony allegations that carry years in prison, and the classification on your arrest paperwork drives everything that follows.
TDE Criminal Defense Attorneys puts an Atlanta theft lawyer and a full defense team behind people accused of theft, shoplifting, burglary, criminal trespass, criminal damage to property, and identity theft across Fulton, DeKalb, Cobb, and Gwinnett County courts. We work alongside a full team of Georgia criminal defense attorneys, and we begin protecting your rights the moment you call.
Charged With Theft in Atlanta? Act Before Your First Court Date
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Talk with an Atlanta theft lawyer before you give a statement to police or accept any plea deal.
Georgia Theft Laws: What an Atlanta Theft Lawyer Wants You to Know
Georgia law defines theft as taking or using another person’s property without authority and with intent to deprive the owner of it. The state groups these offenses by how the property was taken, and prosecutors focus on proving that intent. Whether a charge is a misdemeanor or a felony usually turns on the property’s value and your record.
The most common theft charges we defend in Atlanta include:
- Theft by taking (O.C.G.A. § 16-8-2), the broadest charge, which covers unlawfully taking or keeping any property with intent to deprive the owner.
- Theft by deception (O.C.G.A. § 16-8-3), taking property through a false statement or misrepresentation.
- Theft by receiving stolen property (O.C.G.A. § 16-8-7), receiving or keeping property you knew or should have known was stolen.
- Theft of services (O.C.G.A. § 16-8-5), obtaining services you know are meant to be paid for without paying.
- Theft by shoplifting (O.C.G.A. § 16-8-14), covered in detail below.
When does theft become a felony in Georgia?
For many Georgia theft offenses, theft is generally treated as a felony when the property value exceeds $1,500, though some property types and circumstances can trigger felony treatment regardless of value. Below that threshold, theft by taking is generally a misdemeanor. Above it, the potential prison term climbs with the value, which is why the dollar figure prosecutors assign to your case carries so much weight. Georgia sets these penalties under O.C.G.A. § 16-8-12:
Some properties carry their own rules. Theft of a motor vehicle or firearm, or theft by someone in a position of trust, can be a felony regardless of value, so an auto theft case is often more serious than the vehicle’s price suggests, and our auto theft lawyers treat it that way.
Shoplifting and Retail Theft Charges in Atlanta
Retail theft charges escalate faster than people expect. An experienced Atlanta shoplifting lawyer, or retail theft lawyer, knows a first offense and a fourth are treated very differently, and that the value of the merchandise can reshape the case.
Is a first offense shoplifting charge a misdemeanor in Georgia?
In most cases, yes. Under O.C.G.A. § 16-8-14, theft by shoplifting is a misdemeanor when the merchandise is worth $500 or less. Above $500, it becomes felony shoplifting, punishable by 1 to 10 years in prison. Prior convictions raise the stakes quickly: a second or third offense triggers mandatory penalties even at the misdemeanor level, and a fourth conviction is a felony carrying 1 to 10 years, with the first year ineligible for probation.
Atlanta Burglary Defense: First and Second Degree
Burglary ranks as a separate and more serious charge than theft, and it does not require that anything be stolen. Our Atlanta burglary lawyers and burglary defense lawyers defend both degrees of the offense, and any defense begins with understanding how Georgia defines the crime.
What is burglary in Georgia?
Burglary in Georgia means entering or remaining in a building or structure without authority and with intent to commit a felony or theft inside. You can be charged even if nothing was taken, because the offense is the unauthorized entry with criminal intent, not the theft itself. Georgia divides burglary into two degrees under O.C.G.A. § 16-7-1:
Burglary in the first degree involves a dwelling, meaning a house, apartment, or other structure designed for people to live in. It is punishable by 1 to 20 years in prison, and repeat convictions carry higher minimums.
Burglary in the second degree involves a building or structure that is not a dwelling, such as a store, office, or warehouse. It is punishable for 1 to 5 years in prison.
Georgia does not use the term aggravated burglary. Here, the seriousness turns on whether the target was a dwelling, which separates first degree from second.
Theft vs. Burglary vs. Robbery: Key Differences
Everyday language blurs theft, burglary, and robbery together, but Georgia law treats them as three distinct crimes with sharply different penalties.
- Theft, sometimes called larceny, is taking property without permission. It usually involves no force and no breaking in.
- Burglary is unlawfully entering a building or structure with intent to commit a crime inside. The line between larceny and burglary is about entry, not whether property was taken.
- Robbery is taking property directly from a person by force, intimidation, or threat. Because robbery and armed robbery involve force against a person, Georgia treats them as violent felonies with far steeper penalties, and we handle those cases through our practice for robbery and armed robbery charges.
The line between burglary and robbery is force: entering a place versus taking from a person. Overcharging a theft as a burglary is a problem we challenge.
A Property Crime Charge Does Not Have to Define You
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Other Atlanta Property Crimes We Defend
Property crime charges rarely stop at theft and burglary. Our Atlanta property crime lawyers also defend the related charges that accompany a theft case.
Criminal trespass
Criminal trespass under O.C.G.A. § 16-7-21 covers entering someone’s property without permission, remaining after being told to leave, or damaging property when the damage is $500 or less. It is a misdemeanor punishable by up to 12 months in jail and a $1,000 fine. As the lesser charge, it can also be an important negotiating point in a larger case.
Criminal damage to property
Georgia divides criminal damage to property into two felony degrees. Criminal damage in the first degree (O.C.G.A. § 16-7-22) applies when someone damages property in a way that endangers human life or disrupts a public utility, and it carries 1 to 10 years in prison. Criminal damage in the second degree (O.C.G.A. § 16-7-23) applies when the damage exceeds $500 or is caused by fire or explosives, and it carries 1 to 5 years.
Identity theft
Identity theft, which Georgia calls identity fraud (O.C.G.A. § 16-9-121), involves using another person’s identifying information without permission for financial gain. It is a felony punishable by 1 to 10 years in prison and a fine up to $100,000, with harsher penalties for repeat offenses. These cases are document heavy, which often opens real challenges to the evidence.
How Our Atlanta Theft and Property Crime Lawyers Defend You
The right theft attorney does more than take your case; a theft defense lawyer who knows the Atlanta courts and will fight for your outcome matters far more. From petty theft and shoplifting to grand theft, auto theft, and theft by deception, our Atlanta theft attorneys defend the full range. People across metro Atlanta bring their cases to TDE Criminal Defense Attorneys for that mix of genuine care and courtroom experience. Founding attorney Tessie D. Edwards has practiced for more than two decades and leads a growing team, including Latoya Simone Williams, dedicated to defending the accused. Since 2009, the firm has built more than 50 years of combined experience across its attorneys.
From the first call, we work to protect your rights and control the damage. That can mean:
- Reviewing the stop, search, and arrest for constitutional violations that can suppress evidence.
- Challenging the state’s proof of value, intent, or possession, which are often the weakest parts of a theft case.
- Pushing back on overcharging, such as a burglary charge built on a weak claim of intent.
- Negotiating for reduced charges, diversion, or first offender treatment that can keep a conviction off your record.
- Preparing every case as if it will go to trial in Fulton, DeKalb, Cobb, or Gwinnett County.
Frequently Asked Questions
How much theft is a felony in Georgia?
Theft is a felony in Georgia when the property is worth more than $1,500. At or below that, it is usually a misdemeanor. Felony theft can carry 1 to 20 years depending on the value, and some property such as vehicles and firearms is a felony regardless of value.
Is a first offense shoplifting charge a misdemeanor in Georgia?
Usually, yes. Shoplifting is a misdemeanor when the merchandise is worth $500 or less. If the value is higher, or if you have prior convictions, it can be charged as a felony carrying 1 to 10 years.
What is the difference between burglary and robbery in Georgia?
Burglary is unlawfully entering a building or structure to commit a crime inside. Robbery is taking property directly from a person using force, threat, or intimidation, and it is a violent felony with much harsher penalties than most theft or burglary charges.
What is the statute of limitations for theft in Georgia?
In most cases, prosecutors have four years to bring felony theft charges and two years for misdemeanor theft. Some circumstances pause or extend that clock, so ask how the deadline applies to your case.
How do I choose an Atlanta theft lawyer near me?
Look for a theft crime lawyer who handles Georgia theft and property crime cases regularly, knows the local prosecutors and judges, and will give you a straight answer about your options. We offer confidential consultations so you can ask your questions before your first court date.
Talk to an Atlanta Theft Lawyer Today
A charge is not a conviction. Whether you face a first shoplifting citation or a felony burglary case, the earlier an experienced Atlanta theft lawyer reviews the evidence, the more options remain open. TDE Criminal Defense Attorneys are ready to explain the charges, protect your rights, and pursue the best outcome available.
Put an Experienced Defense Team in Your Corner
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Call 404-947-7932 or request your consultation and put an Atlanta theft and property crime lawyer on your side today.
