Eleanor Finch
The monetary value that constitutes a felony varies across different jurisdictions, with each state setting its own statutory thresholds. In the United States, there is no single dollar amount that universally defines a felony theft. In Georgia, theft by taking or theft by deception is considered a felony when the value of the stolen property exceeds $500, with potential prison sentences ranging from one to ten years. Repeat offenses, aggravating circumstances, and the nature of the property stolen can also influence whether a crime is classified as a felony, regardless of the monetary value involved.
| Characteristics | Values |
|---|---|
| Monetary threshold | Varies by jurisdiction and the specific offense |
| Nature of the offense | Theft, fraud, robbery, burglary, etc. |
| Repeat offenses | Threshold for felony may be lower for repeat offenders |
| Aggravating circumstances | Violence, use of weapons, causing harm to others |
| Nature of the property stolen | Firearms, motor vehicles, controlled substances |
| Manner of theft | Use of force or threat of force |
| Victim status | Elderly or disabled |
| Criminal history | Considered by defense attorney and judge |
| Jurisdiction | Georgia defines felony theft as theft of property worth more than $500 |
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Theft by taking
In Georgia, theft by taking can be classified as either a misdemeanour or a felony. If the property taken was valued under $1,500, it will generally be treated as a misdemeanour. Misdemeanour charges can come with a fine of up to $1,000 or a jail term of up to 1 year.
If the theft involves property valued between $1,500 and $5,000, it is considered a felony punishable by a jail term of between 1 and 5 years. However, the judge has the discretion to charge it as a misdemeanour. For property valued between $5,000 and $25,000, the judge has the discretion to treat it as a misdemeanour or a felony charge punishable by a jail term of between 1 and 10 years. If the property is valued at $25,000 or more, it will be treated as a felony, punishable by a prison term of between 2 and 20 years.
The determination of felony theft or misdemeanour theft is based on the value of the property stolen. The value of stolen property can be argued to affect the charge, and it can be proven in several ways, including original purchase receipts, current online sales prices (fair market value), and professional appraisals. If the value of the stolen property is contested, the judge may order a restitution hearing to address the issue.
It is important to note that theft charges are determined by aspects such as the value of the stolen property and whether an earlier theft occurred. Theft by taking can also be charged if someone attempts to take something but is unable to gain possession of the property. In this case, they cannot be guilty of theft but could be guilty of an attempt to commit theft.
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Theft by deception
The penalty for theft by deception in Georgia depends on the value of the stolen property. If the property is valued at less than $1,500, the offense will generally be prosecuted as a misdemeanor, punishable by a fine of up to $1,000 and/or up to one year in jail. If the property is valued between $1,500 and $25,000, the offense is considered a "wobbler," meaning the judge has the discretion to hear the case as either a felony or a misdemeanor. For property valued at more than $25,000, the offense will be prosecuted as a felony, with a prison sentence of two to twenty years and/or a fine and restitution.
In addition to criminal penalties, those convicted of theft by deception may face civil actions from the victims, who can sue for compensatory damages (including the value of the property and any other losses sustained as a result of the theft), liquidated exemplary damages (up to $150 or twice the value of the loss, whichever is less), and restitution for any damages or harm caused by the defendant's actions.
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Aggravating factors
In Georgia, theft is officially called "theft by taking", which is committed when a person unlawfully takes or appropriates any property of another with the intention of depriving the owner of the property. The determination of felony theft or misdemeanor theft is based on the value of the property stolen. Generally, if the item is worth over $1,500, it warrants a felony charge. If the property is valued at $1,500 to $5,000, the prison sentence can range from one to five years. If the items are worth $5,000 to $25,000, the maximum sentence increases to ten years in prison.
- Criminal history and repeat offenses: Prior convictions for similar offenses and a defendant's criminal history can impact the classification of a theft as a felony. In some cases, repeat offenders may face felony charges even for smaller amounts. Additionally, repeat felony offenders may face enhanced sentencing under Georgia law.
- Violence, use of weapons, or harm to others: Certain aggravating circumstances, such as the use of violence or weapons, or causing harm to others, can elevate a theft to a felony, regardless of the monetary value involved.
- Intent and premeditation: Some jurisdictions consider the intent and premeditation behind the offense. While intent can be inferred from the circumstances, a skilled attorney may present evidence to rebut the prosecution's claims.
- Nature of the property stolen: The specific nature of the property stolen, such as trade secrets or stolen property from another state, may be considered an aggravating factor and impact the sentencing.
- Collateral consequences: A conviction for theft can result in life-changing collateral consequences, including limitations on employment opportunities, housing options, voting rights, and access to certain government benefits. These long-term impacts may be considered when determining the sentencing for felony theft.
- Prosecutorial discretion: In certain cases, prosecutors have discretion in charging decisions. They may choose to pursue felony charges for lesser amounts or argue for an increased value of stolen property based on their judgment of the case.
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Drug quantity
The threshold for a crime to be classified as a felony varies across jurisdictions and the specific type of offense committed. In Georgia, the penalties for drug possession laws depend on the type of substance, the weight of the substance, and whether the drug was possessed or distributed.
For marijuana, possession of less than 1 ounce is considered a misdemeanour, while possession of more than 1 ounce is a felony, punishable by 1 to 10 years in prison. Possession of more than 10 pounds is considered trafficking, with a mandatory minimum sentence of 5 years imprisonment and a $50,000 fine. The penalties increase with the quantity of the drug, with 2,000-10,000 pounds resulting in a mandatory minimum sentence of 7 years imprisonment and a $250,000 fine, and over 10,000 pounds resulting in a mandatory minimum sentence of 15 years imprisonment and a $1 million fine.
For other drugs, such as cocaine, possession of larger quantities can lead to harsher punishments, with a presumption that the drugs were being trafficked. For example, possession of more than 4 grams but less than 28 grams of cocaine or a narcotic Schedule II drug is punishable by 1 to 15 years in prison. Trafficking in cocaine or methamphetamine can result in severe penalties, including lengthy prison sentences and substantial fines, depending on the weight of the drugs.
It is important to note that the classification of a crime as a felony or misdemeanour can also depend on other factors, such as aggravating circumstances, the nature of the offense, and the defendant's criminal history.
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Civil lawsuits
In Georgia, the monetary value that constitutes a felony varies depending on the nature of the offence. Generally, if the item stolen is worth over $1,500, it warrants a felony charge. If the property is valued at $1,500 to $5,000, the prison sentence can be one to five years. If the items are worth $5,000 to $25,000, the maximum sentence increases to ten years in prison.
If the defendant fails to respond within 30 days, they are in default, and the plaintiff may request a default judgment. If the civil case is not resolved, there will be a trial to decide the outcome. A trial may be decided by a judge or by a judge and jury. The right to a trial by jury in civil cases is guaranteed by the Georgia Constitution, meaning either side can demand a jury. During the trial, both parties can present their arguments, question each other's testimony, and call witnesses. After both parties have presented their cases, the judge will give a judgment, which may include awarding monetary damages to either the plaintiff, the defendant, or both.
In Georgia, civil cases involving claims of less than $15,000 are typically handled by the Magistrate Court, also known as the small claims court. This court offers a quick and inexpensive process to resolve complaints. For claims exceeding $15,000, the plaintiff must file in the county where the defendant resides or, in the case of a corporate defendant, in the county of the registered agent for the company.
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Frequently asked questions
In Georgia, theft by taking can be classified as either a misdemeanour or a felony. Theft of money or property worth more than $500 is considered a felony and can be punishable by one to ten years in prison and a maximum fine of $1,000.
The nature of the property stolen is one such factor. For example, stealing a firearm, a motor vehicle, or certain controlled substances is often automatically considered a felony. The manner in which the theft is committed also plays a role. Theft that involves force or the threat of force is typically charged as robbery, a serious felony.
Felony convictions can have significant long-term consequences, including limitations on employment opportunities, housing options, voting rights, firearm rights, and access to certain government benefits or licenses.
Georgia separates crimes into degrees. Some examples include first, second, and third-degree arson and first and second-degree murder. Other types of felonies in Georgia include violent and non-violent felonies, with non-violent felonies including theft by taking, theft by deception, and the sale or manufacturing of large quantities of drugs.
A criminal attorney can help defend against theft charges and may be able to show that the accused was in lawful possession of the property. It is important to speak with a lawyer to understand your options and build a strong defence.
