Georgia Misdemeanor Theft by Shoplifting

Shoplifting is the act of stealing goods from a retail store or shop without paying for them. Shoplifting can involve concealing items on one’s person, altering price tags or packaging, or simply walking out of the store with unpaid merchandise.

How Does Georgia Define Shoplifting?

In Georgia, shoplifting is defined as the willful and intentional act of taking possession of goods or merchandise offered for sale by any store or retail establishment, with the intention of converting such goods to one’s own use without paying the purchase price.

It can also include altering or removing price tags, switching merchandise from one container to another, and transferring goods from one container to another with the intent to deprive the store of the full retail value of the merchandise.

Under Georgia law, shoplifting can be charged as a misdemeanor or a felony, depending on the value of the stolen merchandise and the defendant’s prior criminal record.

What Are Examples of Theft by Shoplifting?

Examples of theft by shoplifting can include:

1. Concealing merchandise in a bag or under clothing and leaving the store without paying for it
2. Changing the price tag or swapping the tag of a cheaper item with a more expensive one
3. Eating food or consuming beverages within the store without paying for them
4. Refusing to pay for services that have already been rendered, such as a haircut or manicure

Is Theft by Shoplifting a Misdemeanor Charge?

In Georgia, the charge for theft by shoplifting can range from a misdemeanor to a felony, depending on the value of the stolen merchandise and the defendant’s prior criminal history.

If the value of the stolen goods is less than $500, it is typically charged as a misdemeanor. However, if the value of the stolen goods exceeds $500, it can be charged as a felony.

Additionally, a defendant with prior convictions for theft-related offenses may face more severe penalties.

For example, in Georgia, if a defendant has one prior conviction for theft by shoplifting, any subsequent convictions for the same offense may be charged as a felony, regardless of the value of the stolen merchandise. Even if the value of the stolen goods is less than $500, a defendant with a prior conviction could still face felony charges and potentially more severe penalties, such as a longer prison sentence or higher fines.

In addition to the impact on the charges and penalties, a defendant’s prior criminal history may also affect the way their case is handled by the court. For example, a defendant with prior convictions may be less likely to be offered a plea bargain or other favorable terms, as the prosecutor may view them as a repeat offender who requires more severe punishment.

What Is the Punishment for a First-Time Misdemeanor Theft by Shoplifting Charge?

In Georgia, the punishment for a first-time misdemeanor theft by shoplifting charge depends on the value of the stolen merchandise. If the value of the stolen goods is less than $500, the offense is typically classified as a misdemeanor.

The potential penalties for a first-time misdemeanor theft by shoplifting charge in Georgia can include:

1. A fine of up to $1,000
2. Up to one year in jail
3. Community service
4. Restitution to the store for the value of the stolen merchandise
5. Probation, which may include completing a theft prevention program or other conditions

In some cases, a first-time offender may be able to avoid jail time and receive a lesser sentence, such as probation or community service, depending on the circumstances of the case and the defendant’s criminal history.

A shoplifting attorney can be helpful in minimizing these potential punishments for a first-time misdemeanor theft by shoplifting charge. They can negotiate with the prosecutor to reduce the charges or seek a plea bargain involving a lesser sentence, such as probation or community service.

In some cases, an attorney may be able to have the charges dismissed or reduced to a lesser offense, such as disorderly conduct.

How Can I Beat a Shoplifting Charge in Georgia? Will I Go to Jail for Shoplifting First Offense?

To beat a shoplifting charge in Georgia, you’ll need to have a strong defense strategy. A lawyer for misdemeanor shoplifting can be helpful in building a defense that can help reduce or dismiss the charges.

Some strategies that may be used by an attorney include:

1. Challenging the evidence: The prosecution must provide evidence that proves beyond a reasonable doubt that the defendant committed the crime of shoplifting. An attorney can challenge the evidence presented by the prosecution and seek to prove that the defendant did not commit the crime.
2. Asserting a defense: Several defenses can be used in a shoplifting case, such as lack of intent, mistake of fact, or coercion. An attorney can assess the circumstances of the case and determine the best defense strategy.
3. Negotiating a plea bargain: In some cases, it may be possible to negotiate a plea bargain with the prosecution by agreeing to plead guilty to a lesser charge in exchange for reduced penalties.

The potential jail sentence for a first-time shoplifting offense in Georgia depends on the value of the stolen merchandise. If the value is less than $500, it is typically considered a misdemeanor offense, and the defendant may face up to one year in jail. However, if the value is more than $500, it can be charged as a felony, and the defendant may face up to 10 years in prison.

How Long Does Shoplifting Stay on My Record in Georgia? Can Shoplifting Be Expunged?

A shoplifting conviction will generally stay on a criminal record indefinitely unless it is expunged. However, under Georgia law, some misdemeanor offenses, including certain shoplifting charges, may be eligible for expungement after a certain period of time has passed.

For most misdemeanors in Georgia, including misdemeanor shoplifting charges, a person must wait at least five years from the date of their conviction or the completion of their sentence, whichever is later, before they may be eligible for expungement. The waiting period begins after the sentence has been completed, which may include serving any probation, paying all fines and restitution, and completing any community service or other court-ordered programs.

An attorney can help assess your eligibility for expungement.

What Does a Shoplifting Attorney Do?

An attorney for shoplifting charges can help people who are facing criminal charges related to shoplifting. A shoplifting attorney’s primary role is to protect their clients’ legal rights and work to achieve the best possible outcome for their case.

Some of the specific tasks that a shoplifting attorney may perform include:

1. Providing legal advice: A shoplifting attorney can provide legal advice to clients about their rights and options under the law. They can explain the charges against the client and the potential consequences they may face if convicted.
2. Investigating the case: An attorney can conduct their own investigation into the case to gather evidence and build a strong defense by interviewing witnesses, reviewing surveillance footage, and analyzing police reports.
3. Developing a defense strategy: Based on their investigation and analysis, a shoplifting attorney can develop a defense strategy that is tailored to the specific circumstances of the case. This may involve challenging the evidence presented by the prosecution or asserting a defense that is appropriate for the situation.
4. Negotiating with the prosecution: In some cases, a shoplifting attorney may be able to negotiate with the prosecution for a plea bargain or reduced charges. This can help to minimize the potential consequences of a conviction.
5. Representing the client in court: If the case goes to trial, a shoplifting attorney can represent the client in court and present their defense to a judge or jury.

Should I Contact a Lawyer?

If you are facing criminal charges related to shoplifting in Georgia, seek the assistance of an experienced criminal defense attorney as soon as possible. A skilled attorney can help to protect your legal rights and work to achieve the best possible outcome for your case.

Remember, a criminal conviction can have serious consequences that can impact your life for years to come. Don’t risk your future by facing criminal charges without the assistance of an experienced attorney. Contact a Georgia criminal lawyer today to schedule a consultation and begin building your defense.