Criminal Damage to Property in the Second Degree in Georgia: A Complete Guide

Felony Property Crimes in Georgia: What You Must Know About Second-Degree Criminal Damage Charges

In Georgia, property crimes are taken seriously—especially when damage exceeds a certain threshold or involves dangerous conduct. One common felony charge is criminal damage to property in the second degree, governed by O.C.G.A. § 16-7-23. This charge can result in years in prison, fines, and a lifelong felony record.

At The Sherman Law Group, we are experienced Georgia criminal defense attorneys who have successfully represented clients throughout Georgia facing serious property crime charges. If you or someone you know has been arrested or is under investigation for this offense, it is essential to understand the legal definition, how the prosecution builds its case, and what defenses may apply.

As Georgia criminal damage to property attorneys, we wanted to write a blog post to exploring the statute, breaking down the key legal concepts, and offer a strategic roadmap for defending against these allegations.

Understanding O.C.G.A. § 16-7-23: The Legal Definition

Georgia law defines criminal damage to property in the second degree as occurring when a person:

(1) Intentionally damages any property of another person without consent and the damage exceeds $500 in value; or
(2) Recklessly or intentionally damages property of another by means of fire or explosive.

This may sound straightforward, but each element carries legal nuance. Let’s explore each in detail.

1. Damage Exceeding $500

This is the most common scenario leading to a second-degree charge. The law requires that:

• The defendant intentionally damaged property, and
• The value of that damage exceeded $500.

This is not based on the item’s original purchase price, but rather the cost to repair or replace it at the time of the incident.

Examples:

• Keying a luxury car, causing $2,000 in paint damage
• Shattering a storefront window that costs $700 to replace
• Breaking security cameras on private property

2. Fire or Explosive Damage—Regardless of Value

Georgia law is especially strict on property crimes involving fire or explosives. Even if the damage is minimal—or even if no fire occurs—the mere use or attempt of these dangerous means can result in a felony charge.

Examples:

• Tossing firecrackers into someone’s mailbox
• Lighting a trash fire that spreads to a fence
• Using fireworks that damage a neighbor’s porch

Important Legal Concepts: Intent, Recklessness, and Consent

Understanding intent and recklessness is key to defending these charges.

• Intentional Damage means the person acted with purpose to cause the damage.
• Reckless Damage means the person didn’t intend the harm, but acted with disregard for the likely consequences.
• Consent is a valid defense. If the property owner allowed the conduct, it’s not criminal.

Real-World Case Scenarios in Georgia

Georgia courts have interpreted this law broadly. Consider these examples:

• Case 1: Domestic Dispute
  During an argument, someone punches a hole in the wall of their partner’s apartment. Repair costs: $750. This qualifies as second-degree criminal damage.
• Case 2: Teen Prank
  A teenager lights a sparkler inside a mailbox. No major fire, but the mailbox is scorched. Fire was used = automatic second-degree charge.
• Case 3: Protest Activity
  A protester throws paint on a government building. Paint removal costs $1,200. Felony charge likely, even without permanent harm.
• Case 4: Bar Fight
  In a brawl, a patron smashes another person’s smartphone. Replacing it costs $1,100. Second-degree charge—even if they were provoked.

Penalties for Criminal Damage to Property in the Second Degree

Under Georgia law, second-degree property damage is a felony, which carries:

• 1 to 5 years in prison
• Fines, often in the thousands
• Restitution to the victim for repair costs
• Probation or community service, depending on circumstances
• A permanent felony record

Having a felony on your record can impact:

• Employment opportunities
• Housing eligibility
• Professional licenses
• Firearm ownership
• Voting rights (during incarceration or parole)

Even a single incident—if not properly defended—can have life-changing consequences.

How Prosecutors Prove Their Case

In most Georgia counties, the District Attorney's Office prosecutes felony property crimes. To win a conviction, prosecutors must prove each element beyond a reasonable doubt.

They often rely on:

• Eyewitness testimony
• Surveillance video
• Photos of the damage
• Repair estimates
• Admissions by the defendant
• Statements from co-defendants

Skilled defense attorneys know how to challenge this evidence, raise doubts about intent, and show inconsistencies in witness accounts.

Comparison With Other Property Crimes in Georgia

Defending Against a Criminal Damage to Property Charge

At The Sherman Law Group, we’ve defended countless clients facing property crime allegations. Here are common and effective defenses:

1. Damage Was Accidental

Accidental conduct is not criminal. If you damaged the property unintentionally—and were not reckless—this can be a complete defense.

2. Property Was Not Someone Else’s

If you owned or had joint ownership, you may have the legal right to alter or destroy it.

3. Value of Damage is Less Than $500

If the damage is minimal, we may argue the charge should be reduced to criminal trespass, a misdemeanor punishable by up to 12 months in jail.

4. Owner Gave Consent

If you had permission to be there or to alter the property, there may be no crime.

5. Evidence Is Weak or Inconclusive

Prosecutors often rely on flawed or circumstantial evidence. We challenge:

• Lack of eyewitnesses
• Poor-quality video footage
• Unreliable damage estimates
• Lack of forensic evidence

6. Constitutional Violations

Illegal searches, Miranda violations, or coercive interrogations can make evidence inadmissible in court.

Juveniles and Second-Degree Criminal Damage

When minors are charged with property crimes, Georgia juvenile courts take a different approach:

• Focus is on rehabilitation, not incarceration
• Penalties may include community service, counseling, or restitution
• Parents may be liable for paying for the damage
• Some records may be sealed or restricted

If your child is facing this charge, act fast. We can often work with prosecutors to keep the case out of adult court and preserve your child’s future.

Diversion Programs and Plea Options

Depending on the jurisdiction and your record, you may qualify for:

• Pre-trial diversion: Avoids conviction if you complete community service and restitution
• Conditional discharge: Record may be restricted after successful probation
• Plea reduction: From felony to misdemeanor
• First Offender Act: No conviction if probation is completed

We work aggressively to pursue all available legal options for dismissal or reduction.

How The Sherman Law Group Can Help

With decades of combined experience handling criminal defense in Georgia, The Sherman Law Group knows how to:

• Investigate the facts thoroughly
• Analyze repair estimates and damage reports
• Negotiate skillfully with prosecutors
• File motions to suppress weak or illegally obtained evidence
• Present persuasive defenses in trial, when necessary

Whether your case is in Fulton, DeKalb, Cobb, Gwinnett, Forsyth, Cherokee, or any other Georgia county, we’re ready to stand with you.

Frequently Asked Questions (FAQs)

What is the statute of limitations for second-degree criminal damage?

Georgia typically allows four years to prosecute felonies involving property damage.

Can I go to jail for criminal damage if it’s my first offense?

Yes—but many first-time offenders are eligible for diversion, probation, or first offender treatment.

Will a conviction show on a background check?

Yes. A felony conviction will appear on most background checks and can affect employment and housing.

Can I expunge this charge?

Yes, if certain conditions are met. If you qualify and complete a diversion program, the case is dismissed, closed without prosecution (nolle prosequi), or you are acquitted, you may qualify for record restriction under Georgia law.

Can a victim drop the charges?

No. Only the prosecutor can dismiss charges. The victim’s input matters but is not decisive.

Protect Your Record and Your Future: Criminal Damage to Property Lawyer Near

A felony conviction can derail your life—don’t let a property damage charge go undefended. If you or someone you know is facing a charge under O.C.G.A. § 16-7-23, you need experienced legal help immediately.

At The Sherman Law Group, we will:

✅ Fight to reduce or dismiss your charges
✅ Challenge the prosecution’s evidence
✅ Build a powerful and customized legal defense
✅ Keep you informed and protected every step of the way

Call now for a confidential case review. We serve the Metro Atlanta and all of Georgia. Let our experience protect your future.