Have You Been Charged with Shoplifting in Georgia?
Shoplifting is a criminal offense that occurs when a person knowingly takes merchandise from a store without paying for it, with the intent to permanently deprive the store of its property.
Under Georgia law, specifically O.C.G.A. § 16-8-14, shoplifting is classified as a serious crime with penalties that may vary depending on the circumstances.
However, individuals charged with shoplifting in Georgia are entitled to assert various defenses in their cases. This blog post will explore these potential defenses to a shoplifting charge and how they may impact the outcome of the case.
Overview of Shoplifting under O.C.G.A. § 16-8-14
Georgia’s shoplifting statute, O.C.G.A. § 16-8-14, criminalizes the act of willfully taking or concealing merchandise in a retail store or business with the intent to steal it. It covers a variety of actions, including:
- Taking merchandise from the store without paying.
- Concealing goods within the store (e.g., putting items in bags, clothing, or pockets).
- Switching price tags or altering items to pay a lesser price.
The penalties for shoplifting under Georgia law can range from misdemeanor to felony charges, depending on factors such as the value of the stolen goods and the defendant’s criminal history. Misdemeanor shoplifting may result in up to one year in jail, while felony charges could lead to imprisonment for up to 10 years, depending on the severity of the offense.
Despite the seriousness of shoplifting charges, there are a variety of defenses that can be raised to challenge the evidence, negate the intent, or provide mitigating circumstances. Below are several common defenses to shoplifting charges under O.C.G.A. § 16-8-14.
Defenses to Shoplifting Charges
1. Lack of Intent to Steal
One of the most critical elements of a shoplifting charge is the intent to permanently deprive the store of its merchandise. If the prosecution cannot prove that the defendant intended to steal the goods, the charge may be dismissed. Shoplifting under Georgia law is not just about the act of taking or concealing items but also about the intent behind the action.
- Accidental Taking: The defendant may claim that they forgot to pay for an item or that it was an honest mistake. For instance, someone might walk out of a store without paying for an item because they had it in a bag or pocket without realizing it.
- Confusion or Mistake: A defendant may argue that they did not intend to steal but mistakenly believed they had already paid for the item, or they may have been confused by store promotions or pricing errors.
If the defense can establish that there was no intent to permanently deprive the store of the property, the defendant may be acquitted of the charge.
2. No Proof of Theft or Concealment
Under O.C.G.A. § 16-8-14, a person can be charged with shoplifting not only for taking items but also for concealing them without paying for them. However, a critical defense here is that the prosecution fails to prove that the defendant was in the act of stealing or concealing merchandise.
- No Direct Evidence of Concealment: A defense attorney may challenge the prosecution's evidence by arguing that there was no clear or admissible proof of concealment. For example, if a store security camera shows a person walking near an item but does not show the individual hiding it in a bag or jacket, the prosecution may lack sufficient evidence.
- Inconclusive Surveillance Video: Many shoplifting charges hinge on video footage. However, if the footage is blurry or unclear, or if the defendant’s actions are misinterpreted, the defense can argue that the evidence is not strong enough to support the charge.
3. Entrapment
Entrapment occurs when law enforcement or a store employee induces someone to commit a crime they otherwise would not have committed. If the defendant was encouraged or coerced by law enforcement or store personnel into committing shoplifting, it may be grounds for a defense.
For example, if a store employee purposefully placed merchandise in a position where the defendant could not resist taking it or falsely led the defendant to believe that they could take items without consequence, an entrapment defense might be appropriate.
The defendant must show that they were not predisposed to shoplift and that their actions were the direct result of law enforcement or store personnel pushing them toward committing the crime.
4. Lack of Knowledge of Shoplifting
A common defense to shoplifting is that the defendant did not know they were involved in shoplifting. This defense is especially useful when someone is caught carrying items but has not yet passed the point of sale.
- Unaware of Merchandise in Possession: If the defendant was carrying goods out of the store without realizing they were not paid for, they could argue that they did not know they were taking something without paying for it. For example, a person could be distracted by a phone call or otherwise preoccupied and accidentally walk out of the store without noticing an item in their bag or pocket.
- No Control Over Items: In some cases, the defendant may claim that they did not have control over the merchandise. For example, if someone is accused of shoplifting but they were with someone else who took the item, the defendant might claim that they were unaware of the theft and had no control over the situation.
5. False Accusations or Mistaken Identity
False accusations are not uncommon in shoplifting cases. A person may be wrongfully accused because they were in the vicinity of a theft or were misidentified by store personnel or security.
- Mistaken Identification: The defense could argue that the defendant was mistakenly identified by a store employee or a security guard. For example, the defendant might have been in the store at the same time as a person committing a theft but did not actually participate in the crime.
- False Accusations by Store Employees: In some cases, a store employee might have a personal bias or grudge against the defendant and could falsely accuse them of shoplifting. If the defense can establish that the accusation is false or lacks credibility, the case may be dismissed.
6. Shoplifting by a Minor
If the defendant is a minor, there are specific legal considerations and potential defenses that could be raised. For example, the defense could argue that the minor did not fully understand the consequences of their actions or that they were influenced by others to engage in the crime.
- Lack of Maturity or Understanding: For minors, Georgia law might take into account the defendant’s age, mental state, and level of maturity in evaluating their ability to form the intent required for a shoplifting conviction. A minor (someone 16 years of age or younger) charged with shoplifting will have their case heard in juvenile court.
- Parental Responsibility: In some cases, the defense might argue that the minor was influenced by a parent or guardian, who may have been negligent in supervising their child.
7. Lack of Sufficient Evidence
Finally, in any criminal case, the defense may argue that the prosecution has failed to meet the legal standard of proof beyond a reasonable doubt. In a shoplifting case, this could involve challenging the sufficiency of evidence presented by the prosecution.
- Weak or Inconclusive Evidence: If the prosecution’s evidence is weak—such as a lack of video footage, eyewitness testimony, or physical evidence linking the defendant to the alleged theft—then the defense can argue that there is insufficient evidence to support a conviction.
- Failure to Establish All Elements of the Crime: If the prosecution cannot prove that the defendant took or concealed merchandise with the specific intent to steal, or if the facts of the case do not align with the statutory requirements for shoplifting, the defense can argue for dismissal of charges.
Georgia Shoplifting Lawyer Near Me
Shoplifting charges under O.C.G.A. § 16-8-14 in Georgia carry serious consequences, but there are multiple legal defenses available to those accused of this crime. Whether it’s establishing a lack of intent, proving mistaken identity, challenging the sufficiency of evidence, or claiming entrapment, defendants have the right to contest the charges against them.
Each case is unique, and individuals facing shoplifting charges in Georgia should consult with an experienced criminal defense attorney who can thoroughly analyze the circumstances and develop a robust defense strategy. A skilled attorney can assess the facts, challenge the prosecution’s case, and work toward achieving the best possible outcome for their client.
If you or someone you know is facing shoplifting charges, contact our The Sherman Law Group today for a free consultation. We are local shoplifting lawyers dedicated to protecting your rights and helping you navigate through the complexities of the criminal justice system.