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Georgia Theft by Shoplifting Defense

Shoplifting arrests, shoplifting citations, and shoplifting charges are events that can follow you and affect your ability to secure a job, housing, and other necessities that require background checks. Shoplifting is considered a crime of moral turpitude. Moral turpitude is defined as 1: an act or behavior that gravely violates the sentiment or accepted standard of the community or 2: a quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense. Crimes of moral turpitude are monitored by occupational licensing agencies, review boards, and other disciplinary groups that monitor many professional licenses. Realtors, accountants, financial professionals, doctors, nurses, lawyers, and even teachers are among the groups whose licenses can be impacted by crimes of moral turpitude. A conviction for theft by shoplifting will be on your Georgia criminal history forever. You need to protect your rights and your future.

The offense of Theft by Shoplifting is outlined in O.C.G.A. 16-8-14. A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:

  • (1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;

  • (2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;

  • (3) Transfers the goods or merchandise of any store or retail establishment from one container to another;

  • (4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or

  • (5) Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.

Theft by Shoplifting Punishment

Theft by shoplifting is a misdemeanor offense punished by up to 12 months in jail or a fine of up to $1,000 if the amount taken is $500 or less. If the amount is over $500, theft by shoplifting is a felony offense punishable by 1 to 10 years in prison. The value of goods for the purposes of determining the classification of a shoplifting charge is based on the actual price of the goods at the time they were taken. In addition to the amount taken determining whether a shoplifting offense is a misdemeanor or felony, a 4th or subsequent conviction for theft by shoplifting is treated as a felony offense under Georgia law, no matter what amount of goods taken.

How Stores Catch Shoplifters

The most common places people are caught shoplifting include Walmart, Target, Costco, and Sam’s Club. Each of these large retail stores has dedicated significant resources to loss prevention. These stores have eyes in the sky everywhere recording shoppers as they move throughout the store and through the checkout process. Each of these stores has cameras fixed on each self-checkout station looking for things like skip scanning and failing to scan items. They have comprehensive video systems recording shopper movement. They also have multiple employees focused on theft of goods at all times. Some stores also employ security guards and off duty police officers for prevention against shoplifters and other crimes. Most shoplifting cases have extensive video surveillance recordings as part of evidence, tracking shoppers from the point they enter the store until they leave the store.

Why Fight Theft by Shoplifting Charges

The primary goal in resolving a Georgia shoplifting charge is to resolve it in a way that the charge does not go on your Georgia criminal history. Keeping theft charges off your criminal history should be the number one concern for anyone fighting a Georgia shoplifting offense. A theft by shoplifting conviction will be on your criminal history forever. It is important to know how a shoplifting arrest will impact your criminal record, what can be done to prevent a shoplifting conviction from being on your criminal record, and finally making sure your shoplifting arrest record is restricted if possible under Georgia law. It may be in your best interest to consult a Georgia shoplifting attorney in order to help you make the best decision regarding your situation.

If you or someone you know has questions regarding a Georgia Theft by Shoplifting citation or arrest and have questions you would like answered or would like additional information, please feel free to reach out to me any time by call or text at 678-753-6431 or by clicking the contact button in the upper right corner and reaching out to me through my website. I would love to take the necessary time to listen regarding your situation, explain to you what you are facing, and help you decide whether you need an attorney to represent you in your case. My consultations are free, and I am available any time.