Criminal Damage to Property in the 1st Degree in Georgia: What You Must Know to Protect Your Rights

A Complete Guide to Georgia’s Serious Felony Property Crime and How to Fight the Charges

In Georgia, criminal damage to property in the first degree is a serious felony offense with potentially life-altering consequences. It is not a “minor” charge or just a matter of paying for the damage. Rather, it can involve prison time, permanent criminal records, and major disruptions to your future.

Whether you're accused of interfering with critical infrastructure, damaging public utilities, or firing a gun at a building, the law under O.C.G.A. § 16-7-22 can be unforgiving.

The criminal damage to property lawyers at The Sherman Law Group understand the full weight of these charges and have successfully defended clients throughout Georgia against even the most serious property crime allegations.

In this comprehensive post, we’ll break down the charge, explain what prosecutors must prove, explore possible defenses, and arm you with the facts you need to protect your rights.

What Is Criminal Damage to Property in the 1st Degree in Georgia?

The Statute: O.C.G.A. § 16-7-22

Under Georgia law, a person commits criminal damage to property in the first degree when they:

1. Knowingly and without authority interfere with property in a manner that endangers human life;
2. Knowingly and without authority interfere with the operation of any system, device, or property used for public communications, transportation, sewerage, drainage, water supply, gas, or power; or
3. Knowingly damage any property by means of fire or explosives (in certain high-risk cases); or
4. Knowingly and without authority discharge a firearm toward a dwelling or building either from a motor vehicle or after exiting one.

Key Legal Elements: What Must the State Prove?

To convict someone under O.C.G.A. § 16-7-22, the prosecution must establish the following elements beyond a reasonable doubt:

• Knowingly and Without Authority: The act must be intentional, not accidental.
• Specific Conduct: One of the prohibited actions must have occurred—e.g., endangering life, disrupting infrastructure, or discharging a firearm at property.
• Causal Connection: The defendant’s actions must directly cause the damage or danger.
• Mens Rea (Mental Intent): Recklessness or negligence is insufficient; the defendant must have acted knowingly.

Examples of Conduct that May Trigger Charges

• Shooting at a house from a moving car or just after exiting a vehicle
• Damaging a water main or electrical box during a protest or vandalism
• Tampering with public transit systems, like disabling a traffic signal
• Using hacking tools to interfere with power grids or communication lines

Penalties: What Are the Consequences of a Conviction?

Criminal damage to property in the first degree is a felony in Georgia. The sentencing range includes:

• 1 to 10 years in prison for general violations
• Fines and restitution for damages
• Probation or parole, depending on circumstances
• Felony record, which affects employment, housing, voting, and gun rights

How It Differs from Second-Degree Criminal Damage

Who Is Most Likely to Face These Charges?

Criminal damage to property in the first degree is frequently charged against:

• Angry or intoxicated individuals who damage homes, cars, or infrastructure
• Protesters accused of vandalizing public utility systems or government buildings
• Teens or young adults involved in acts of reckless vandalism
• Gun owners who allegedly shoot at buildings
• Domestic partners in volatile disputes resulting in damage to shared or non-owned property

Common Defenses We Use at The Sherman Law Group

As seasoned criminal defense attorneys in Georgia, we explore all possible defenses. Here are several strategies that may apply:

1. Lack of Intent

If the defendant did not act knowingly or maliciously, this undermines the foundation of the charge.

2. Accident or Mistake

If the damage was accidental or due to a misunderstanding—such as thinking the property belonged to the defendant—the charge may not hold.

3. False Accusation

A vindictive ex, angry neighbor, or biased witness can make false claims—especially in emotionally charged situations.

4. No Risk to Human Life

If the prosecution cannot prove the act endangered human life or critical systems, the charge should not qualify under the first-degree statute.

5. No Discharge of Firearm

Proving a weapon was fired from or near a vehicle requires forensic and eyewitness support. If the prosecution lacks this evidence, the case may weaken.

6. Alibi or Lack of Evidence

Surveillance footage, GPS records, or credible alibi witnesses can rebut the charge entirely.

How the Case Moves Through the Georgia Court System

1. Arrest or Citation
2. Bond Hearing
3. Preliminary Hearing (especially for felonies)
4. Grand Jury Indictment
5. Discovery
6. Motions (e.g., to suppress evidence)
7. Trial or Plea Bargaining
8. Sentencing
9. Appeal (if applicable)

The Sherman Law Group fights at every stage to secure dismissals, reduced charges, or acquittals.

Real-World Case Examples (Hypothetical Scenarios)

Case 1: Teen Vandalism Gone Too Far

A group of teenagers broke into a vacant house and started a fire that damaged electrical wiring. Because the fire potentially disrupted power to the neighborhood, the lead defendant was charged under O.C.G.A. § 16-7-22.

Result: After intense legal advocacy, charges were reduced to second-degree damage with probation and restitution.

Case 2: Wrong Person, Wrong Place

A man is accused of discharging a firearm at an office building from a car. The security footage is blurry, and no gunshot residue was found on him.

Result: Not guilty verdict after trial.

Long-Term Consequences of a Conviction

• Difficulty finding employment (especially in construction, security, or government)
• Loss of housing opportunities
• Loss of gun rights
• Ineligibility for certain professional licenses
• Loss of immigration benefits (for non-citizens)

That’s why early legal intervention is critical.

Frequently Asked Questions (FAQs)

Is criminal damage to property in the first degree a felony in Georgia?

Yes. It is always a felony and carries 1–20 years in prison depending on the circumstances.

Can you get probation instead of jail time?

Possibly. Judges may consider probation if no one was hurt, and the defendant has no criminal record.

Will I have a permanent criminal record?

If convicted, yes. A felony record is permanent and can only be expunged under rare circumstances.

Can the charge be reduced to second-degree criminal damage?

Yes, especially if human life was not endangered or public systems were not affected.

What should I do after an arrest?

Contact a lawyer immediately. Do not speak to police or prosecutors without representation.

What does "criminal damage to property in the first degree" mean in Georgia?

It refers to knowingly and unlawfully damaging property in a way that either:

• Endangers human life,
• Disrupts public utility services or infrastructure, or
• Involves discharging a firearm at a building from or near a vehicle.

It’s a serious felony under O.C.G.A. § 16-7-22.

Is this a felony charge?

Yes. Criminal damage to property in the first degree is a felony in Georgia. A conviction carries significant consequences, including prison time, fines, and a permanent criminal record.

How is this different from second-degree criminal damage?

First-degree involves danger to human life, firearm discharge, or disruption of essential services (like power, gas, water).
Second-degree (O.C.G.A. § 16-7-23) usually involves damage exceeding $500 or damage by fire/explosives without endangering life or public systems.

What are the penalties for criminal damage to property in the first degree?

Depending on the specific conduct:

• General offense: 1 to 10 years in prison
• If it endangers lives or disrupts public services: 2 to 20 years
• May also include fines, restitution, probation, and community service

Can I get probation instead of prison?

Yes, but it depends. If it’s your first offense and no one was injured or seriously impacted, a judge may impose probation or a split sentence (some jail time followed by probation). Your lawyer’s negotiation skills matter.

What if I didn’t mean to cause damage?

Intent is a key element. If the act was accidental or lacked the “knowing” or “willful” element, you may have a valid defense based on lack of intent.

Can the charge be reduced?

Possibly. If there is insufficient evidence of intent, danger, or disruption, a skilled criminal defense lawyer may be able to get the charge:

• Reduced to a misdemeanor,
• Dropped to second-degree criminal damage, or
• Dismissed entirely in some cases.

Can I be charged for just threatening to damage property?

Not under this statute. O.C.G.A. § 16-7-22 requires actual physical damage or interference. However, threats may result in other criminal charges, like terroristic threats.

What counts as “public utility” or “critical infrastructure”?

Georgia law includes:

• Water systems
• Electrical grids
• Natural gas systems
• Telecommunications
• Transportation infrastructure
• Sewer or storm drainage systems

Tampering with or damaging these systems can trigger enhanced penalties.

Does shooting at an empty house qualify?

Yes. Under subsection (a)(2), discharging a firearm at any dwelling or building from a vehicle—or shortly after exiting one—can qualify even if no one is inside.

Can a juvenile be charged under this statute?

Yes. Minors can be charged with this felony. However, the case may be handled in juvenile court, and penalties may differ. In some cases, a juvenile may be charged as an adult, depending on age and severity.

Can this charge affect my immigration status?

Yes. Criminal damage to property in the first degree is a deportable offense for non-citizens. It can also make you ineligible for a green card, visa, or U.S. citizenship.

Will this be on my permanent record?

If convicted, yes—it will be a permanent felony on your record. This can severely affect job prospects, housing, loans, and more.

Can a conviction be expunged in Georgia?

Generally, no. Felony convictions cannot be expunged (restricted) under current Georgia law, except in very limited situations—such as First Offender Act sentencing, if successfully completed.

What is the First Offender Act and how does it apply?

If this is your first offense, you may be eligible for sentencing under the First Offender Act (O.C.G.A. § 42-8-60). If you complete probation or sentence successfully, you can avoid a formal conviction record.

What should I do if I'm charged?

• Don’t speak to police without a lawyer
• Gather evidence and witnesses
• Call The Sherman Law Group immediately to discuss your defense strategy

Why should I hire a criminal defense attorney?

Because your freedom, finances, and future are at stake. A skilled lawyer can:

• Challenge weak evidence
• File motions to dismiss or suppress
• Negotiate a plea deal
• Fight for your acquittal at trial

What’s the best defense to this charge?

Every case is different, but common defenses include:

• Lack of intent
• No damage occurred
• No risk to human life
• Mistaken identity
• False accusation

Act Fast. Your Future Is at Stake. Criminal Damager to Property Lawyer Near Me

Criminal damage to property in the first degree is a serious felony, not just “property damage.” With severe penalties and complex legal elements, it’s crucial to have skilled legal defense. The Georgia criminal defense lawyers at The Sherman Law Group have helped countless individuals fight these charges—and win.

Let us put our experience to work for you.

The Sherman Law Group Advantage: Why Clients Choose Us

• ✅ Over 50 years of combined criminal law experience
• ✅ Former prosecutors who know how the other side thinks
• ✅ Aggressive defense tailored to your case
• ✅ Thousands of cases handled across Georgia
• ✅ Free consultations

Whether the charge involves street-level vandalism or complex infrastructure interference, we know how to fight for your rights.

If you or a loved one has been charged with criminal damage to property in the first degree in Georgia, contact the criminal lawyers at The Sherman Law Group today for a confidential consultation. Let us provide the defense you need—right now.