Felony Theft Amount and Penalties in Georgia

Theft is a misdemeanor unless an exception applies. Property worth at least $1,500.01 but less than $5,000.00: 'not less than one nor more than five years' in prison or, at the judge's discretion, a misdemeanor. At least $5,000.00 but less than $25,000.00: 'not less than one nor more than ten years' or, at the judge's discretion, a misdemeanor. More than $24,999.99: 'not less than two nor more than 20 years.' A third theft conviction (with two priors under §§ 16-8-2 through 16-8-9) is a felony punishable by one to five years, and theft of a firearm, explosive or destructive device is one to ten years regardless of value.

Georgia does not sort felonies into numbered classes or degrees. The code defines a felony as 'a crime punishable by death, by imprisonment for life, or by imprisonment for more than 12 months,' and each crime's own statute sets its prison range. For example, theft of property worth more than $24,999.99 is punished 'by imprisonment for not less than two nor more than 20 years' (§ 16-8-12(a)(1)(A)), and possession of less than 1 gram of a Schedule I or narcotic Schedule II drug 'by imprisonment for not less than one nor more than three years' (§ 16-13-30(c)).

Georgia has two misdemeanor levels. A 'misdemeanor' and a 'misdemeanor of a high and aggravated nature' each mean 'any crime other than a felony.' Unless a statute says otherwise, a misdemeanor is punished by 'a fine not to exceed $1,000.00' or jail 'for a total term not to exceed 12 months, or both' (or up to 12 months in a state probation detention center). A misdemeanor of a high and aggravated nature carries 'a fine not to exceed $5,000.00,' jail 'for a term not to exceed 12 months,' or both.