Criminal damage to property in the second degree is a Georgia felony under O.C.G.A. § 16-7-23, punishable by one to five years in prison and a fine of up to $100,000. The statute reaches two different kinds of conduct: intentionally damaging someone else’s property when the damage exceeds $500, or using fire, explosives, or fireworks to damage another person’s property regardless of the dollar amount. A conviction carries consequences well past the sentence itself, including mandatory restitution to the victim and the long tail of a felony record.
What the State Has to Prove
The statute creates two separate paths to the same charge, and the elements differ depending on which one the prosecutor uses.
Intentional Damage Over $500
Under the first path, the state must show that the defendant intentionally damaged property, that the property belonged to someone else, and that the damage exceeded $500 in value. The word “intentionally” does real work. An accidental collision or a stray baseball through a window doesn’t meet the standard; the state needs evidence that the defendant made a conscious choice to cause damage.
Lack of the owner’s consent is equally important. If the owner permitted the conduct that caused the damage, the charge falls apart. This comes up more than you might expect in landlord-tenant disputes, shared-property situations, and jobs where hired work went sideways.
Damage by Fire, Explosives, or Fireworks
The second path has no dollar threshold. If someone recklessly or intentionally uses fire, explosives, or fireworks to damage another person’s property, the charge applies no matter how small the damage. The mental state is lower here: recklessness is enough. Setting off fireworks that ignite a neighbor’s fence can qualify even when the person never meant to cause damage, so long as the conduct was reckless.
How the $500 Figure Gets Calculated
For the intentional-damage prong, the $500 figure is the line between a felony and a lesser offense, which makes it one of the most contested points at trial. Courts generally look at the difference between the property’s fair market value right before the incident and its value afterward. If the item can be repaired for less than its total value, repair cost usually controls. When property is destroyed beyond repair, replacement cost at the time of the offense is the measure.
Prosecutors build these numbers from repair estimates, contractor bids, and appraisals. Defense attorneys often push back hard, because pulling the damage figure below $500 can knock the felony down to a misdemeanor. Testimony from mechanics, contractors, or appraisers often decides whether the felony threshold is met.
Where Second Degree Sits Next to First Degree
First-degree criminal damage under O.C.G.A. § 16-7-22 covers more dangerous conduct: knowingly interfering with property in a way that endangers human life, disrupting critical infrastructure or vital public services, or damaging a building by firing a gun from inside or just after exiting a vehicle. First-degree penalties run one to ten years for most violations, and two to twenty years for critical-infrastructure cases. Second-degree tops out at five years. Prosecutors sometimes charge first degree and negotiate down to second degree in a plea.
Sentencing and Fines
A conviction carries not less than one year and not more than five years in prison. The statute sets no specific fine, so the general felony fine provision under O.C.G.A. § 17-10-8 applies, letting the court impose up to $100,000. Fines go to the state, not the victim.
Judges have room to move within the range. Georgia law allows a judge to impose misdemeanor-level punishment for felonies that carry a maximum sentence of ten years or less, which includes this one. A judge can sentence a defendant to twelve months or less and treat the punishment as a misdemeanor, though the decision is discretionary and depends on the circumstances and the defendant’s background.
Probation can replace prison time or follow a shorter prison term. The probation period cannot exceed the maximum sentence of confinement, so the cap here is five years. A probation violation can send the defendant back to serve the remainder of the original sentence.
Restitution to the Victim
O.C.G.A. § 17-14-3 requires the judge to determine the amount of restitution owed to the property owner and order the defendant to pay it in full. Restitution is separate from any fine and covers the owner’s actual loss: repair costs, replacement costs, and related expenses needed to restore the property.
If a defendant cannot pay in full at sentencing, the court sets a payment schedule. Falling behind is treated as a violation of the court’s order and can trigger consequences up to and including probation revocation. Restitution orders remain enforceable after a defendant finishes prison or probation and can be enforced like civil judgments, which gives victims a collection tool that outlasts the criminal case.
What a Felony Conviction Costs After Sentencing
The prison term and fine are only part of the picture. A felony conviction for property damage brings consequences that follow a person for years.
- Firearms: Georgia law prohibits convicted felons from receiving, possessing, or transporting any firearm. A violation is a separate felony carrying one to ten years.
- Civil rights: A felony conviction strips the right to serve on a jury, hold public office, and serve as a notary public. These rights can be restored only through a pardon from the State Board of Pardons and Paroles.
- Employment and licensing: Many Georgia licensing boards weigh felony convictions, and a conviction for intentional property destruction can raise concerns for positions involving trust, property access, or fiduciary duties.
- Immigration: For non-citizens, a sentence of one year or more for a “crime of violence” can be classified as an aggravated felony under federal immigration law, with deportation consequences. Even a suspended sentence counts toward that threshold.
Record restriction for felony convictions in Georgia is narrow. Under O.C.G.A. § 35-3-37, restriction is generally available only when charges are dismissed, a conviction is vacated on appeal, or in limited circumstances involving trafficking victims. A standard felony conviction for property damage does not qualify, so it stays visible on background checks indefinitely.
Avoiding a Permanent Conviction Under the First Offender Act
For defendants with no prior felony conviction, Georgia’s First Offender Act under O.C.G.A. § 42-8-60 offers a path to keep the conviction off the record. The court can defer adjudication of guilt and place the defendant on probation, or impose confinement, without entering a formal judgment of conviction. If the defendant completes the sentence successfully, they are exonerated of guilt and discharged as a matter of law, and the charge does not count as a felony conviction for most purposes.
Second-degree criminal damage is eligible; the excluded offenses are primarily serious violent felonies, sex crimes, trafficking, and DUI. Two important limits apply. The judge has full discretion over whether to grant first offender treatment, and the court must review the defendant’s history through the Georgia Crime Information Center first. A defendant can only use first offender status once in a lifetime. If the defendant violates the terms, the court can adjudicate guilt and impose the full original sentence, and the felony conviction then goes on the record permanently.
Defenses That Fit the Elements
The strongest defense usually tracks whichever element of the prosecution’s case is weakest.
- Lack of intent. If the damage was accidental rather than intentional, the subsection (a)(1) charge fails. This does not help against the fire-and-explosives prong, where recklessness is enough.
- Owner’s consent. Evidence that the owner authorized the conduct, through written agreements, text messages, or witness testimony, defeats a required element.
- Disputing the damage amount. Independent repair estimates or appraisals that push the loss below $500 can reduce the charge.
- Mistaken identity. Alibi evidence, surveillance footage, and challenges to witness credibility can show the wrong person was charged.
- Necessity or defense of others. Damaging property to prevent imminent harm to a person, such as breaking a car window to rescue someone trapped inside, can justify the conduct.
Civil Lawsuits Are Separate
A criminal case does not block the owner from filing a civil suit. Under O.C.G.A. § 51-10-3, any unlawful damage to personal property is a trespass for which the owner can recover compensation. The civil burden of proof is lower than in criminal court, so an acquittal does not necessarily shield a defendant from civil liability. When the damage was intentional and involved willful misconduct, malice, or wanton disregard for consequences, the owner may recover punitive damages on top of actual repair or replacement costs. Criminal restitution payments can offset a civil judgment but do not eliminate the right to sue, so a single act of property damage can produce financial exposure well beyond what the criminal court orders.