If you or a loved one has been charged with Criminal Damage to Property in the First Degree under Georgia law (OCGA § 16-7-22), it’s critical to understand the seriousness of this offense and what’s at stake. This charge is a felony and can lead to significant prison time—ranging from 1 to 20 years, depending on the circumstances.

This blog breaks down what this law means, how it’s commonly violated, what the prosecution must prove, and how it differs from second and third-degree charges.

 

What Is Criminal Damage to Property in the First Degree?

Under OCGA § 16-7-22, this felony occurs when someone knowingly and without permission causes certain types of dangerous or destructive interference with property.

Common Examples of First-Degree Criminal Damage

Situation	Explanation
Endangering Human Life	Example: firing a gun at or near a building. No one needs to be hurt—just acting recklessly in a way that could endanger lives.
Disrupting Vital Public Services or Infrastructure	Interfering with utilities, internet, transportation, etc., either physically or electronically (e.g., hacking, malware).
Shooting at a Building from a Vehicle	Discharging a firearm into a structure while in a car or immediately after exiting the vehicle.

 

What Must Prosecutors Prove?

To convict you, the State must prove the following beyond a reasonable doubt:

1. Knowledge + No Permission
   You knew what you were doing and acted without lawful authority.
2. One of These Acts Occurred
   • Act recklessly in a way that endangered human life
   • Interfere with critical infrastructure or services (even electronically)
   • Fire a gun into a building from a vehicle

 

Penalties for First-Degree Criminal Damage

Type of Offense	Prison Time
Reckless endangerment or gunfire	1–10 years
Interference with critical systems (any method)	2–20 years

This is a felony, and a conviction can impact your employment, housing, gun rights, and future opportunities.

 

Comparison: 1st vs. 2nd vs. 3rd Degree

Degree	What It Involves	Key Element	Felony?	Sentence
1st	Endangering life, critical system interference, or shooting	Danger or system impact	✅ Yes	1–10 yrs (or 2–20 yrs)
2nd	Intentional damage over $500 or use of fire/explosives	Value or means	✅ Yes	1–5 years
3rd	Damage worth $500 or less	Value	❌ No	Up to 12 months

 

Why You Need Legal Representation

Being charged with Criminal Damage to Property in the First Degree is not something to take lightly. You’re facing a felony record and years of incarceration. These cases can hinge on facts like intent, ownership, and actual risk or damage—which are often disputable with the right defense strategy.

At W. Scott Smith, PC., we understand how to challenge the prosecution’s evidence and protect your rights. If you’ve been arrested or are under investigation, the time to act is now.