Shoplifting is a retail theft offense charged when you’re accused of stealing merchandise (rather than personal property). However, it covers more than simply leaving the store with items you didn’t pay for.
If you’ve been charged with shoplifting under G.A. Code § 16-8-14, an experienced defense lawyer from Ghanayem & Rayasam might help you defeat the charges or qualify for specific pretrial diversion programs.
Understanding Georgia’s Shoplifting Statute
In Georgia, shoplifting – also known as theft by shoplifting – is criminalized by G.A. Code § 16-8-14, The law prohibits intentionally taking merchandise for your own use without paying and includes the following conduct:
- Concealing or taking possession of any merchandise with the intent to steal (even if you don’t leave the store)
- Changing the price tag or altering the price
- Moving merchandise from one container to another
- Wrongfully obtaining a discount
Shoplifting is an intentional crime in Georgia. It does not apply to merchandise you accidentally forgot to pay for or to purchases made if the store mislabeled certain goods.
Criminal and Personal Penalties for Shoplifting in Atlanta, GA
The potential penalties for shoplifting depend on your prior criminal record and the retail value of the item.
Misdemeanor Shoplifting
Stealing less than $500 worth of merchandise is a misdemeanor punishable by less than one year in prison, fines, and restitution. A second conviction for misdemeanor shoplifting is punishable by a mandatory fine of $500, and a third offense requires either 30 days in prison or 120 days of alternative detention. Additional offenses are considered felonies.
Felony Shoplifting
Stealing merchandise worth more than $500 is a felony punishable by a term of not less than one year in prison and not more than ten years in prison. This means that felony shoplifting has a mandatory minimum prison sentence of one year upon conviction, in addition to fines and restitution. Felony theft convictions may also have serious employment consequences and even prevent you from getting a loan. Immediately contact an experienced Atlanta felony shoplifting defense lawyer if you’ve been charged with stealing more than $500 worth of merchandise.
According to the Three Strikes Law (OCGA 16-8-14), regardless of the value of the merchandise, they are regarded as felonies rather than misdemeanors.
Defending Against Georgia Theft Crimes and Requesting Pretrial Diversion for Misdemeanor Shoplifting
If you’re a first-time misdemeanor offender, you may qualify for Fulton County’s pre-trial diversion program. This program, generally available throughout Georgia, allows first-time offenders charged with misdemeanor shoplifting to complete a special program that includes specific online educational courses, community service, and restitution. By completing this program, your attorney may be able to have the case dropped and all charges against you dismissed. This prevents young offenders from having a criminal record.
Pre-trial diversion is not available for felony-level offenders, and the best defense in shoplifting cases often involves alleging that you had no intent to steal or getting evidence suppressed due to constitutional violations. Contact a dedicated felony shoplifting defense lawyer today if you’ve been charged under G.A. Code § 16-8-14.
Atlanta Shoplifting Defense Attorneys
Shoplifting can be a serious offense in Georgia, and it carries mandatory jail time. Discuss your case with the experienced criminal defense lawyers at Ghanayem & Rayasam today by calling (404) 561-0202 or scheduling a confidential consultation for shoplifting defense online.