Shoplifting Defense Attorney in Roswell

While the popular definition of shoplifting is usually theft by concealing goods, the term can mean a number of different things. It is important to know the scope of the Georgia law to avoid any confusion surrounding the crime.

Here in Georgia, the following are considered shoplifting:

• Concealing or taking goods
• Altering the price tag
• Transferring an object to a different container
• Switching the price tag
• Wrongfully paying less that the merchant's stated price

Under Georgia law, if the property stolen totals less than $500, the offense is considered a misdemeanor. A misdemeanor could mean up to a year in jail and fines up to $1,000. However, if the property stolen amounts to more than $500, you face a sentence up to ten years, and a felony charge. Any aggravation during the theft can also contribute to the consequences of the crime.

Contact us online or by calling (678) 712-8561 today!

What Are the Potential Defenses for Shoplifting?

Facing a shoplifting charge can be overwhelming, but several defenses may help reduce or dismiss the charges depending on the circumstances. One key defense is lack of intent. Shoplifting requires an intentional act to take items without paying. If the accused mistakenly left the store with an item or believed they had already paid, this lack of intent can serve as a defense.

Another defense is insufficient evidence. Prosecutors must prove beyond a reasonable doubt that shoplifting occurred. If surveillance footage is unclear or witnesses cannot provide reliable testimony, it may weaken the case.

Mistaken identity is another common defense, particularly in busy retail settings where misunderstandings or false accusations can arise. An attorney can argue that the individual was incorrectly identified as the perpetrator.

In some cases, an individual may have been coerced or pressured into taking items against their will. This defense highlights the lack of voluntary participation in the alleged crime.

Finally, defenses may also focus on violations of legal rights. For example, if a store employee or security officer detained the individual unlawfully or used excessive force, these actions could undermine the prosecution’s case.

Under Georgia Law, Section 16-8-14, to Be Found Guilty of Shoplifting the Prosecution Must Prove:

• A. you had the intention of taking merchandise without paying for it, or
• B. you had the intention of depriving the owner of the merchandise

After three or more previous shoplifting convictions, the crime will be considered a felony regardless of the value of the goods stolen. Georgia also has a special "Smash and Grab" Law, for which the minimum sentence is increased to two years.

Contact the Sherman Law Group for Trusted Counsel

If you find yourself facing a shoplifting charge, call The Sherman Law Group. Our experienced Roswell theft defense attorneys can help you plan your defense and explore your options to reduce consequences of a shoplifting charge.

Contact our Roswell shoplifting defense attorney by calling (678) 712-8561 today!