Taking items for a retail establishment is known as shoplifting. Many people engage in shoplifting, whether they enjoy the thrill of it or need the item in question but cannot afford it (which is often the case when food or toiletries are stolen).
Under O.C.G.A. § 16-8-14, shoplifting is defined as:
- Concealing the goods or merchandise of any store.
- Altering the price tag or other price marking on goods or merchandise of any store.
- Transferring goods or merchandise from one container to another.
- Interchanging the label or price tag from one item to another.
- Wrongfully causing the amount paid to be less than the merchant’s stated price for the merchandise.
Shoplifting is often seen as a minor crime, as it is commonly prosecuted as a misdemeanor. However, if you steal more than $300 in items, you can be charged with a felony.
No matter the situation, a shoplifting charge can stay on your criminal record forever. This is something you want to avoid. If you have been accused of shoplifting in Georgia, it is best to let a lawyer know right away so you can get a solid defense. Here’s a look at some of the defenses available.
Lack of Intent
Shoplifting typically requires an intention to steal or deprive the store of property. If you mistakenly walked out of a store without paying for an item because you simply forgot, you may argue that you had no intent to commit theft.
Accidental Taking
Along the same lines, a person might accidentally place an item in a bag or cart and forget to pay for it. If there is evidence that shows it was an honest mistake, this can be used as a defense.
Lack of Evidence
The prosecution must prove that you took the item without paying for it. If the store doesn’t have clear surveillance footage, witnesses, or other evidence that you were attempting to steal, this defense could be used.
Duress or Coercion
If you were forced or coerced into stealing by someone else (for instance, threats of violence), you may be able to use this defense to show that you were acting under duress.
Mistaken Identity
It is possible that you were wrongly identified as the person who committed the crime. Store security or witnesses may have mistaken you for someone else.
Ownership of Property
If you are accused of shoplifting something you already own, such as being accused of stealing an item you brought into the store, you may be able to prove that the item is yours.
Contact Us Today
While a shoplifting charge may not seem serious, it still goes on your criminal record. Plus, it can result in fines, jail time, community service, and other penalties.
The Atlanta criminal defense lawyers at Ghanayem & Rayasam understand the effects of a shoplifting charge. We can assess your situation and provide you with a solid defense. To schedule a consultation, fill out the online form or call (404) 561-0202.