Shoplifting Charges and Penalties in Georgia

Shoplifting Charges and Penalties in Georgia

Shoplifting is a pretty common crime that a lot of people get charged with in Georgia. But even though its common, shoplifting is still a crime and you can get in some serious trouble if your convicted. This article will explain the basic shoplifting laws in Georgia and what kind of penalties you can expect if your convicted.

What is Shoplifting in Georgia

Shoplifting is basically stealing merchandise from a store without paying for it. The legal definition says you commit shoplifting if you take merchandise from a store intending to keep it without paying, or if you do things to make the owner lose possession of the merchandise or lose its value.

There’s a few different ways you can be charged with shoplifting under Georgia law:

• Concealing merchandise or just taking it from the store
• Changing price tags to pay less
• Moving stuff from one container to another, like taking clothes out of packaging
• Putting a different price tag on an item
• Causing the wrong price to be charged at checkout

So shoplifting includes more than just sticking something in your pocket or purse and walking out. If you do anything sneaky in a store to not pay the full price for merchandise, you could be charged with shoplifting.

Shoplifting Penalties in Georgia

How bad the penalties are for a shoplifting conviction depends on a few factors:

• Value of the stolen merchandise
• Number of prior convictions
• Aggravating circumstances

Heres a quick overview of the penalties:

• First conviction, value $500 or less – Misdemeanor, up to $1000 fine and/or 1 year in jail
• Second conviction, value $500 or less – Misdemeanor, minimum $500 fine and possible jail time
• Third conviction, value $500 or less – Minimum 30 days jail or 120 days probation detention/diversion program
• Fourth conviction – Felony, 1-10 years prison regardless of value
• Value over $500 – Felony, 1-10 years prison

As you can see, the penalties get a lot worse if you have prior convictions or if the merchandise is over $500. Even a first offense can be charged as a felony if the value is high enough.

They also get really serious if you hit multiple stores – if you shoplift from 3 stores in one county within a week, and get over $100 value from each store, its an automatic felony with 1-10 years in prison.

Common Defenses for Shoplifting Charges

There’s a few main defenses that can sometimes beat a shoplifting charge in Georgia:

• No intent to steal – If you just forgot to pay or made an honest mistake, you can argue you lacked intent.
• False confession – If the police intimidated you into a confession, it may not be admissible.
• Mistaken identity – If the store accuses the wrong person, you can fight the charges.
• Illegal search – If the store searched you illegally, any evidence found may not be allowed.
• Insufficient evidence – The prosecution has to prove their case beyond a reasonable doubt.

An experienced criminal defense lawyer will know how to argue these defenses effectively to fight the charges.

What Happens After a Shoplifting Arrest

After being arrested for shoplifting, the first thing that will happen is you’ll be booked into jail, have your fingerprints and mugshots taken, and be formally charged.

For a misdemeanor shoplifting charge, you’ll usually be released within 24 hours after posting bond. The judge will set a bond amount at your first court appearance. For a felony charge, bond may be higher and you may need to stay in jail longer before being released.

Shortly after your release, you’ll receive a court summons in the mail with the date of your first appearance, also called an arraignment. This is where you enter a plea of guilty or not guilty.

After your arraignment, your case will proceed through the criminal justice process – there may be more hearings, plea negotiations with the prosecutor, motions to suppress evidence, and ultimately a trial if you don’t accept a plea bargain.

The whole process from arrest to resolution of the case can take weeks or months. Having an attorney to guide you through it is extremely helpful.

Diversion Programs for First Offenders

If its your first shoplifting offense, you may be eligible for a pretrial diversion program. These programs allow first-time offenders to avoid having a permanent criminal conviction on their record.

You’ll have to meet certain conditions like performing community service, paying restitution, attending counseling, staying out of trouble, and possibly paying fines and fees. If you successfully complete the program (usually 6-12 months), the charges are dismissed.

Diversion is a great way minimize the consequences for a minor first-time offense. An experienced lawyer can help you get into a program if you qualify.

Theft Charges Beyond Shoplifting

There are other theft crimes besides shoplifting that you can be charged with in Georgia. Common ones include:

• Theft by taking – Physically taking someone else’s property with intent to deprive them of it
• Theft by deception – Obtaining property through deceit, like writing a bad check
• Theft of services – Using a service without paying for it, like dining and dashing
• Theft by receiving stolen property – Possessing property you know is stolen

Like shoplifting, the penalties for these other theft charges will depend on the value of property taken and your criminal record. And the defenses are similar too – lack of intent, mistaken identity, illegal search, etc. can all apply.

Get a Lawyer to Protect Your Rights

Dealing with a shoplifting charge is stressful, but an experienced Georgia criminal defense lawyer can help protect your rights. They’ll aggressively defend you in court and negotiate with the prosecutor for reduced penalties or diversion.

Don’t take a chance going it alone against the criminal justice system – get a lawyer on your side as early as possible after an arrest. It could make all the difference in avoiding harsh penalties that can follow you for life.