Not all theft is the same—learn how Georgia law defines burglary and theft in Tifton

Everyone deserves a fair shot at defending themselves. But when you’re charged with theft or burglary, the legal system can feel stacked against you. The difference between misdemeanor theft vs. felony burglary penalties in Tifton, GA can change everything—fines, probation, or even prison time. This is where criminal defense attorneys in Valdosta can help. 

An experienced attorney knows Georgia’s laws inside and out and can fight unfair charges. If you’re facing legal trouble, don’t leave your future to chance. Keep reading to learn what you need to know and how to protect yourself.

Quick Summary:

  • Theft in Georgia involves unlawfully taking someone else’s property with the intent to keep it. Charges depend on the value of the stolen property, with items under $1,500 classified as a misdemeanor, punished by a maximum prison sentence of 12 months and fines up to $1,000. Theft exceeding $1,500 is a felony, leading to a sentence of 1 to 10 years. Certain items, like firearms or vehicles, automatically result in felony charges, with penalties increasing for repeat offenses or theft exceeding $25,000.
  • Georgia law recognizes several types of theft, each with specific legal consequences. Theft by taking involves physically taking someone’s belongings, while theft by deception includes obtaining property through false claims or misleading actions. Theft of services happens when someone benefits from services without paying, such as skipping out on a restaurant bill. Shoplifting involves taking items from a store without paying, switching price tags, or hiding merchandise. Charges range from misdemeanors to felonies based on the circumstances and property value.
  • Burglary differs from theft because it involves entering a structure intending to commit a crime, even if nothing is stolen. First-degree burglary applies when someone unlawfully enters a home and carries a prison sentence of 1 to 20 years. Second-degree burglary involves non-residential buildings, such as businesses or storage units, and carries penalties of 1 to 5 years in prison. Unlike theft, burglary is always treated as a felony under Georgia law.
  • Facing theft or burglary charges can lead to serious legal consequences, but taking the right steps can make a difference. Staying silent and requesting a lawyer can help protect legal rights, as anything said can be used against the accused. Gathering supporting evidence, such as witness statements or proof of ownership, can strengthen a defense. Understanding how the legal process works and attending all court hearings is essential. A strong legal defense may help reduce charges or, in some cases, lead to a dismissal.

What Is Theft in Georgia?

Theft (Georgia Code § 16-8-2) happens when someone takes another person’s property without permission and intends to keep it. The law categorizes theft as either a misdemeanor or felony based on the value of the stolen property and the circumstances of the crime.

  • Misdemeanor Theft: If the stolen property’s value is less than $1,500, it is considered a misdemeanor. The punishment includes up to 12 months in jail and a fine of up to $1,000.
  • Felony Theft: If the stolen property is worth more than $1,500, the charge becomes a felony. Theft also becomes a felony involving specific items like firearms, vehicles, or commercial goods. Felony theft carries a prison sentence ranging from 1 to 10 years but can escalate to 2 to 20 years if the stolen property’s value exceeds $25,000.

While many theft charges involve shoplifting or property crimes, penalties can escalate depending on the circumstances. Repeated offenses or cases involving deception, such as fraud or embezzlement, can also lead to harsher sentencing.

Common Types of Theft in Georgia

Theft in Georgia covers various offenses, each with specific legal definitions and penalties. Here are common types of theft according to Georgia law:

Theft by Taking

Defined under Georgia Code § 16-8-2, theft by taking means unlawfully taking someone else’s property with the intent to keep it permanently. This includes stealing a bike or taking someone’s belongings without consent. Property under $1,500 typically results in misdemeanor charges, while higher values may bring felony charges.

Theft of Services

Theft of services occurs when someone uses services without paying, such as leaving a restaurant without settling the bill or not paying for repairs after they’re completed. This offense can lead to misdemeanor or felony charges, influenced by the value of the unpaid services.

Theft by Deception

Theft by deception involves obtaining someone else’s property through misleading or dishonesty. Examples include falsely claiming ownership or not paying for services after promising. Depending on the property’s value, charges can be either misdemeanor or felony.

Shoplifting

Shoplifting is widespread in Georgia and involves taking goods from a store without payment. Under Georgia Code § 16-8-14, shoplifting also includes concealing items in a store, altering price tags, or switching items between containers to pay less. Penalties vary by the value of the goods but may lead to misdemeanor charges for items valued at $1,500 or less, with harsher consequences for repeat offenses.

What Is Burglary in Georgia?

Burglary (Georgia Code § 16-7-1) is a more serious offense than theft because it involves unlawful entry with criminal intent. Unlike theft, burglary does not require property to be stolen. Simply entering a structure intending to commit a crime inside—theft or another felony—can lead to burglary charges.

Degrees of Burglary in Georgia

Burglary in Georgia is defined as unlawfully entering a building or structure intending to commit a crime, often theft or another felony. Here are different degrees of burglary under Georgia law:

First-Degree Burglary

This occurs when someone enters a home without permission, intending to commit a crime. For example, if someone breaks into a house at night planning to steal valuables, it is considered first-degree burglary. Even if nothing is stolen, the intent alone is enough to face charges. First-degree burglary is a felony and carries a prison sentence of 1 to 20 years.

Second-Degree Burglary

This involves entering non-residential buildings, like warehouses, vacant properties, or storage units, intending to commit a crime. For example, if someone enters an abandoned building to steal tools or cause damage, it falls under second-degree burglary. A conviction for second-degree burglary is a felony, carrying a sentence of 1 to 5 years in prison.

Smash-and-Grab Burglary (Georgia Code § 16-7-2)

This type of burglary happens when someone forcefully enters a retail store—often by shattering windows or doors—to steal items quickly before escaping. The consequences can be more serious because this causes property damage and can endanger people nearby. A person convicted of smash-and-grab burglary faces a felony charge, which carries a sentence of 2 to 20 years in prison and/or a fine of up to $100,000.

What’s the Difference Between Theft and Burglary in Georgia?

Theft and burglary are both property crimes in Georgia, but they have key differences in intent, action, location, and severity.

  • Intent: Theft involves taking someone else’s property without consent to deprive the owner of it. Burglary, on the other hand, requires entering a structure intending to commit a crime, which could be theft, but also includes other offenses like vandalism or assault.
  • Action Required: To commit theft, an individual must actually take property. In contrast, burglary is committed as soon as a person unlawfully enters a building with criminal intent, even if nothing is stolen.
  • Location: Theft can happen anywhere, whether in a public place, a store, or a private home. Burglary refers to buildings or enclosed structures, such as houses, businesses, or storage units.
  • Severity: In Georgia, burglary is always considered a felony, regardless of the circumstances. Theft, however, can be classified as either a misdemeanor or a felony, depending on the value of the stolen property. If the stolen property’s value exceeds $1,500, it is typically charged as a felony.

Understanding these distinctions is essential, as burglary carries more severe legal consequences due to its connection to unlawful entry. At the same time, theft is judged based on the amount taken and the circumstances surrounding the crime.

What to Do If You’re Facing Burglary and Theft Charges in Georgia?

Facing burglary and theft charges in Georgia can be hard, but these steps can help protect your rights and improve your chances of a favorable outcome. Here are the top five steps you should consider: 

Find a Criminal Defense Attorney Immediately

The legal system can be tough to handle alone. Criminal defense attorneys in Valdosta can explain your charges, find weaknesses in the case against you, and work toward reducing penalties. A strong legal defense could help you avoid unnecessary jail time or even get charges dismissed.

Stay Silent and Protect Your Rights

If you’re arrested, anything you say can be used against you. Law enforcement might try to get you to talk, but it’s best to stay silent until your attorney is present. Even innocent-sounding statements can be taken out of context, so waiting for legal guidance is safer.

Gather Any Evidence That Supports Your Case

If you have anything that could help your defense, collect it right away. This might include:

  • Witnesses who can confirm your side of the story.
  • Photos, videos, or receipts that prove your location.
  • Documents that show you had permission to be on a property or that the property in question was yours.

Learn How the Legal Process Works

Understanding how theft and burglary cases move through Georgia’s courts can help ease stress. Cases usually begin with an arrest, followed by arraignment, plea discussions, and possibly trial. Knowing what to expect will help you stay prepared at every step.

Explore Possible Defenses

Not all charges lead to convictions. Some common defenses include:

  • No Intent: Showing that you did not mean to commit a crime.
  • Mistaken Ownership: Proving that you believed the property was yours.
  • Consent: Demonstrating that you had permission to enter a property.
  • Illegal Search: Challenging evidence obtained through an unlawful search.

Stay on Top of Your Case and Follow All Court Orders

Missing a court date or violating any release conditions can worsen things. Stay in contact with your attorney, attend every hearing, and follow all legal instructions.

Charged with Theft or Burglary? Call our Criminal Defense Attorneys in Valdosta Now!

Every case has two sides, and yours deserves to be heard. A theft or burglary charge doesn’t always mean you’re guilty—misunderstandings, mistaken identity, or weak evidence can lead to wrongful accusations. Georgia law takes these charges seriously, and without the right defense, you could face unnecessary jail time or fines. Burglary charges are especially harsh—even if you took nothing, the law treats unlawful entry as a felony.

At George McCranie Law Firm, PC, we fight to ensure our clients are treated fairly. With years of experience in criminal defense, immigration, and personal injury, we know how to challenge weak evidence and protect your rights. If you’ve been charged, don’t wait. Call us today for a free consultation, and let’s start building your defense.