Penalty for Refund Fraud in Georgia
In the state of Georgia, a refund fraud offense can result in either a misdemeanor or a felony. Further, in all cases involving refund fraud, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. O.C.G.A. § 16-8-14.1.
Under Georgia law, a person shall be convicted of refund fraud:
(1) When the property which was the subject of the fraud is $500.00 or less in value, be punished as for a misdemeanor;
(2) When the property which was the subject of the fraud exceeds $500.00 in value, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years;
(3) When the property which was the subject of the fraud is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each fraud exceeds $500.00 in value, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years; and,
(4) When the property which was the subject of the fraud is taken during a period of 180 days and when the aggregate value of the property which was the subject of each fraud exceeds $500.00 in value, be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years.
Penalties for Subsequent Return Fraud Convictions
Upon conviction of a second offense for a violation of any provision of this statute, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $500.00, and the fine shall not be suspended or probated.
Upon conviction of a third offense for a violation of any provision of this statute, the defendant shall be guilty of a felony and, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a “special alternative incarceration-probation boot camp,” probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld.
Upon conviction of a fourth or subsequent offense for a violation of any provision of this Code section, the defendant shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.
Possible Defenses to a Refund Fraud Charge in Georgia
As with any criminal charge, your future is at stake. Here at Bixon Law, we’ll assist you in strategizing the best possible defense in your case depending on the facts and circumstances involved. In a refund fraud case, there are some possible defenses:
Actual Innocence & Alibi Witnesses: If you didn’t commit the crime, you can claim actual innocence and present evidence that you were somewhere else when the offense was committed through alibi witnesses.
The State Valued the Property Incorrectly: Whether you are charged with a misdemeanor or a felony refund fraud offense depends on the value of the property alleged to be stolen. If you are being charged with a felony, but the value of the property stolen is less than $500 then the charge should be treated as a misdemeanor.
