The Different Kinds of Criminal Damage to Property

According to Georgia Code 16-7-22, criminal damage to property in the first degree occurs when the perpetrator knowingly and unlawfully interferes with property in such a way that it puts other lives at risk. It also covers instances in which a person knowingly and unlawfully interferes with any public service, such as communication, power, transportation and water, by use of force or violence. Criminal damage to property in the first degree is a felony and is punishable by 1 to 10 years in prison.

Criminal damage to property in the second degree carries a lesser sentence, but is nonetheless a serious offense. According to Georgia Code 16-7-23, the crime is committed when a person intentionally and unlawfully causes damage to someone else’s property that exceeds $500. In addition, it also covers unlawfully damaging another person’s property by means of fire or explosives. This can happen either intentionally or recklessly. A conviction of criminal damage to property in the second degree comes with 1 to 5 years in prison.

Interference with government property is taken seriously in Atlanta. According to Georgia Code 16-7-24, interference with government property includes destroying, damaging and/or defacing government property. Yes, this does include graffiti on highway concrete barriers and on MARTA bridges. A conviction of this sort of interference with government property is a felony, and comes with imprisonment of 1 to 5 years. Blocking the entrance to government property, such as during a protest, is also considered interference with government property. However, this is generally treated as a misdemeanor, with a fine of no more than $1,000 and/or up to 12 months in jail.

Finally, “smash and grab” burglaries are also considered criminal damage to property. According to Georgia Code 16-7-2, when a person breaks into a retail establishment with the intent of theft, and cause damage of $500 or more in the process, they have committed a smash and grab burglary. Though this crime is most often associated with jewelry stores and the like with their glass cases, it applies to any retail store. Smash and grab burglaries are a felony. Upon the first conviction, the punishment is 2 to 20 years in prison and/or a fine of up to $100,000. The second conviction comes with the same fine and/or 5 to 20 years in prison.