Georgia Shoplifting Laws: What You Need To Know

Shoplifting is often associated with errant teenagers, but it is a common adult criminal offense in Georgia—and one that can result in a permanent criminal record and severe consequences for the future.

How serious the consequences are usually hinges on the value of the goods or property involved, how the attempted theft occurred, and how many prior convictions the offender has, as well as other circumstances.

Let’s consider what shoplifting is, how the offense may be prosecuted in Georgia, the potential penalties, and what the possible defenses are to charges.

Though shoplifting usually falls under the broader category of theft, in the state of Georgia, the offence is legally defined as “theft by shoplifting” under Georgia Code § 16-8-14.

Most people understand that attempting to take merchandise without paying for it is considered shoplifting. “Concealing or taking possession of the goods or merchandise of any store or retail establishment” is how it is phrased in the Georgia Code.

However, many actions that you may not consider to be criminal offenses are actually illegal and can be classified as shoplifting in Georgia. This includes:

• Altering the price tag or other price marking on goods or merchandise of any store or retail establishment.
• Transferring the goods or merchandise of any store or retail establishment from one container to another.
• Interchanging the label or price tag from one item of merchandise with a label or price tag for another item of merchandise.
• Wrongfully causing the amount paid to be less than the merchant’s stated price for the merchandise.

Is it shoplifting if you never leave the store?

Contrary to popular belief, a charge of theft by shoplifting in Georgia does not require the removal of goods from a store.

Simply being discovered by CCTV to be concealing items or manipulating the price tags on items can lead to your detention for shoplifting, even if you have not left the store. Video evidence is increasingly used in shoplifting cases to provide damning evidence against the accused.

In Georgia, theft crimes are classified according to the value of the property stolen or in the process of being stolen.

If the theft involves property valued at under $500, which accounts for most shoplifting crimes in Georgia, it is charged as a misdemeanor.

What are the penalties?

A misdemeanor shoplifting charge can result in a maximum jail term of 12 months and a fine of up to $1,000.

For second-time offenders, a mandatory $500 fine applies, in addition to the jail sentence or probation handed down by the judge (up to 12 months).

Third-time offenders face a mandatory minimum of 30 days in jail or 120 days in a probation-like boot camp, a probation detention center or under house arrest. These penalties are the minimum available. A judge may order longer custody or probation periods.

Shoplifting can be charged as a felony in Georgia if the value of the stolen property is $500 or more. This can result in a period of incarceration from 1 to 10 years.

what are the penalties?

For a first offense, the sentence can be prison, probation, or a combination of both within the 1 to 10-year range.

For a second-time felony shoplifting offence (even if the prior offence was a misdemeanor), a mandatory $500 fine applies, in addition to the jail sentence or probation handed down by the judge (up to 10 years).

Third-time offenders face a mandatory minimum of 30 days in jail or 120 days in a probation-like boot camp, a probation detention center or under house arrest. These penalties are the minimum and a judge is likely to order much longer custody or probation periods.

Fourth-time offenders must serve a minimum of one year in custody.

Whether an individual is charged with felony or misdemeanor shoplifting, the burden of proof for a criminal conviction by the prosecution remains high (“beyond a reasonable doubt”). The prosecution must prove that the defendant had the intent to take the merchandise and did not intend to pay the correct price for it.

By working closely with a criminal defense attorney skilled in shoplifting cases, doubts can be introduced into the prosecution’s version of events:

• Does CCTV conclusively prove the shoplifting episode(s)?
• Could the act of “shoplifting” have been a genuine mistake due to an honest distraction?
• Could it be a case of mistaken identity?
• Were the defendant’s Constitutional rights violated during the detention, arrest, or charge processes?
• Was there “probable cause” to arrest the defendant for the crime?

Many variables and possibilities exist. A seasoned criminal defense attorney will investigate every avenue for the strongest defense available.

Even if the state’s case is strong, the value of the goods in question may be open to debate, which can reduce a charge from a felony to a misdemeanor.  Sometimes, through negotiation and plea bargaining, a seasoned criminal defense lawyer can even prevent a criminal record, while alternative measures programs available to judges in Georgia may offer a way to avoid incarceration.

If a criminal conviction is unavoidable, your lawyer will explain the legal options available to you.

Remember, “Anything you say can and will be used against you.” It’s best to remain silent rather than trying to immediately clear your name after an arrest for shoplifting in Georgia—even if you believe you’ve been wrongly accused.

Only speak to identify yourself to the police. If questioned about any elements of the case against you, remain silent and wait until you are advised of your right to a lawyer. Then, speak with a criminal defense lawyer with experience in shoplifting and theft cases about what to do next.

If you’re facing shoplifting charges in Morgan County, Georgia, or the surrounding area, speak to a defense lawyer from Michael Fulcher Law, LLC. We’ll outline your legal options, help you navigate the judicial system, and reduce the impact on your future. Contact us for a free consultation or call us at 706-438-1555.