Shoplifting is a criminal offense that carries serious consequences that can affect your life long-term. Whether it’s your first time or you’re facing multiple charges, whether it’s a misdemeanor or a felony charge, understanding the legal implications, possible defenses, and steps you should take after being accused of shoplifting is crucial.
This blog post will provide a concise guide on shoplifting laws in Georgia, how charges are prosecuted, and what you can do if you're facing these charges.
What Constitutes Shoplifting in Georgia?
Shoplifting in Georgia is defined under O.C.G.A. § 16-8-14, which details various actions that can lead to a shoplifting charge. It’s important to note that shoplifting isn’t just about taking an item without paying for it. The law is broader and includes:
- Concealing or taking possession of merchandise with the intent of stealing.
- Altering or swapping price tags to pay less for an item.
- Transferring goods from one container to another to reduce the price.
- Changing labels or price markings with the intent to defraud the store.
- Causing merchandise to pass through a cash register or other point of sale without paying the full retail price.
These actions demonstrate intent to deprive the merchant of the full value of their merchandise, which is a key component in proving shoplifting.
The Penalties for Shoplifting in Georgia
The penalties for shoplifting in Georgia vary depending on the value of the stolen goods and whether the defendant has prior convictions. Here’s a breakdown:
Misdemeanor Shoplifting:
- Goods valued at $500 or less: This is considered a misdemeanor, punishable by up to 12 months in jail and/or a fine of up to $1,000.
- Community service: The court may also require the defendant to complete community service, often related to theft prevention.
- Shoplifting prevention class: Some courts may require the completion of an anti-shoplifting class, other things.
Felony Shoplifting:
- Goods valued over $500: If the value of the stolen goods exceeds $500, the charge becomes a felony. Penalties include prison time.
- Multiple Convictions: If you have prior shoplifting convictions, subsequent offenses can be charged as felonies, regardless of the value of the stolen goods.
Additional Consequences:
- Probation: In some cases, especially for first-time offenders, probation may be granted instead of jail time. However, this typically includes strict conditions like regular check-ins, community service, and fines.
- Restitution: Courts often order defendants to pay restitution to the store for the stolen merchandise.
- Criminal Record: A shoplifting conviction will remain on your criminal record, which can affect employment, housing, and educational opportunities.
Shoplifting and Minors
Minors accused of shoplifting face different legal procedures. Typically, these cases are handled in juvenile court, where the focus is more on rehabilitation than punishment. However, the consequences can still be serious, including:
- Juvenile detention for repeat offenses or cases involving high-value items.
- Probation with mandatory counseling or educational programs.
- Community service and restitution to the merchant.
The Legal Process After a Shoplifting Arrest in Georgia
If you're arrested for shoplifting in Georgia, the legal process begins with several steps:
1. Arrest and Booking: After an arrest, you may be taken to the police station for booking. This includes taking your fingerprints, photographs, and personal information. Depending on the severity of the offense, you may be released on bond or held until your court appearance.
2. First Court Appearance: Your first court appearance is usually an arraignment, where the charges against you are formally presented. You’ll have the opportunity to enter a plea of guilty, not guilty, or no contest. It's advisable to have an attorney present during this stage to advise on the best course of action.
3. Pre-Trial Proceedings: If you plead not guilty, the case will proceed to pre-trial motions and discovery, where both sides exchange evidence. Your attorney may file motions to suppress evidence or dismiss the case based on legal technicalities.
4. Plea Bargaining: In many shoplifting cases, especially for first-time offenders, the prosecution may offer a plea bargain. This could involve pleading guilty to a lesser charge in exchange for reduced penalties. It’s crucial to carefully consider such offers with your attorney, as accepting a plea deal means forfeiting your right to a trial.
5. Trial: If no plea agreement is reached, the case goes to trial. The prosecution must prove beyond a reasonable doubt that you committed the crime. A skilled defense attorney can challenge the prosecution’s evidence, question witnesses, and argue that the elements of shoplifting have not been met.
6. Sentencing: If found guilty, the judge will impose a sentence based on the severity of the offense, your criminal history, and other factors. Sentences may include jail time, fines, probation, community service, or a combination of these penalties.
Common Defenses Against Shoplifting Charges
Several defenses can be raised against shoplifting charges in Georgia, depending on the circumstances of your case:
1. Lack of Intent: Shoplifting requires intent to steal. If you accidentally walked out of the store with an item or forgot to pay, your attorney can argue that there was no intent to deprive the merchant of their property.
2. Mistaken Identity: In cases where the shoplifting was caught on camera or reported by a witness, your attorney might argue mistaken identity. If the footage is unclear or the witness unreliable, this could lead to a dismissal of charges.
3. Duress or Coercion: If someone forced or threatened you into shoplifting, this could be a valid defense. However, proving duress can be challenging and typically requires corroborating evidence.
4. Illegal Search and Seizure: If store security or law enforcement conducted an illegal search or seizure (e.g., without probable cause or a warrant), any evidence obtained might be suppressed, potentially leading to the dismissal of charges.
5. Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If there’s insufficient evidence linking you to the shoplifting or proving intent, your attorney can argue for acquittal.
Shoplifting and Civil Penalties
Beyond criminal charges, you may also face civil penalties for shoplifting in Georgia. Retailers are legally permitted to pursue civil damages, even if the shoplifting case is resolved in your favor or the charges are dropped.
Civil Demand Letters: Many retailers send civil demand letters to alleged shoplifters, demanding payment as compensation for the theft. Under Georgia law, the retailer can seek the full retail price of the merchandise (if not returned in sellable condition) plus additional damages.
Civil Lawsuits: If you refuse to pay the civil demand, the retailer might file a lawsuit seeking damages. These civil cases are separate from the criminal proceedings and can result in additional financial penalties.
The Impact of a Shoplifting Conviction on Your Life
A shoplifting conviction can have far-reaching effects beyond the immediate penalties:
1. Employment Opportunities: Many employers conduct background checks, and a theft-related conviction can disqualify you from certain jobs, especially in retail, finance, and positions of trust.
2. Professional Licenses: Certain professions require licenses that can be revoked or denied due to a criminal conviction, particularly those involving handling money or sensitive information.
3. Educational Consequences: A shoplifting conviction may affect your ability to receive financial aid or scholarships, particularly if the conviction is classified as a felony.
4. Immigration Status: Non-citizens convicted of shoplifting may face deportation or denial of visa renewals, as shoplifting is considered a crime of moral turpitude under immigration law.
5. Personal Relationships: The stigma of a criminal conviction can strain personal relationships, leading to social isolation, family conflicts, and difficulties in dating or marriage.
Steps to Take If Accused of Shoplifting
If you’re accused of shoplifting, here’s what you should do:
1. Remain Calm: Don’t panic or try to argue with store personnel. Cooperate but avoid making any statements without an attorney present.
2. Contact an Attorney: As soon as possible, contact a criminal defense attorney experienced in Georgia’s shoplifting laws. They can advise you on your rights and the best course of action.
3. Avoid Speaking to Law Enforcement: Politely decline to answer questions without your attorney present. Anything you say can be used against you in court.
4. Gather Evidence: If possible, collect any evidence that may support your defense, such as receipts, witness statements, or security footage.
5. Attend All Court Appearances: Failure to appear in court can result in additional charges and penalties.
6. Follow Legal Advice: Trust your attorney’s guidance and comply with all legal requirements, such as attending court-ordered programs or paying fines.
Georgia Shoplifting Lawyer
As Roswell shoplifting lawyers, we understand that shoplifting charges in Georgia are serious and can have long-lasting consequences on your life. Understanding the law, your rights, and the possible defenses is critical to protecting your future.
If you or someone you know is facing shoplifting charges, don’t hesitate to call us to get professional legal assistance to navigate this challenging situation. As skilled shoplifting attorneys, we can help you understand your options and work towards the best possible outcome.