What Conduct is considered Theft by Shoplifting in Smyrna?

The State of Georgia law that prohibits shoplifting is Official Code of Georgia Annotated (O.C.G.A.) 16-8-14. O.C.G.A. 16-8-14 Theft by Shoplifting states you commit the offense of shoplifting in Smyrna when:

“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 in Smyrna is a misdemeanor offense when the value of the items taken is $500 or less. In Georgia, misdemeanor offenses are punishable by up to one year in custody and a fine of up to $1,000.

Theft by shoplifting in Smyrna becomes a felony charge under Georgia law in the following circumstances:

1. If the value of the items taken exceeds $500.

2. Upon a fourth lifetime theft by shoplifting conviction.

3. If the items were taken from three or more separate stores within a 7 day period in the same county and the total value of the items exceeds $500.

4. If the value of the items taken in a 180 day span from the same establishment exceeds $500.

How Does a Smyrna Shoplifting Charge Impact My Criminal Record?

Theft by shoplifting in Smyrna is a criminal offense where both arrest and conviction will be reported on your Georgia criminal history. Theft offenses are also crimes which employers take very seriously. Theft arrests and convictions on your Georgia criminal history may make it very difficult to get good jobs and advance your career.

Pre-Trial Diversion and First Offender as Options to Prevent Shoplifting Arrests and Convictions from Being Reported on Your Georgia Criminal History

Georgia law offers a few options for those charged with shoplifting offenses to resolve their case by getting the charges dismissed or resolved without conviction or risk of trial. These options are not available in all situations, but are available in most jurisdictions in the State of Georgia depending on your criminal history.

Pre-Trial Diversion is often an option for Smyrna theft by shoplifting charges if you have never been arrested before. Not being arrested does not necessarily mean no charges on your criminal history, but usually means the first time you have ever been arrested, even if that arrest has been expunged or restricted. Diversion often involves classes, community service, clean drug and alcohol screens, and a program fee. Someone accused of committing a shoplifting offense in Georgia has no right to diversion under Georgia law. Diversion programs are usually managed by the prosecuting office, and once the terms of the program are successfully completed, the prosecuting office will dismiss your charges in court and your arrest will be restricted on your Georgia criminal history.

Another option you have to resolve your shoplifting charge is through a first offender plea. The Georgia First Offender statute, O.C.G.A. 42-8-60 is eligible for both misdemeanor and felony theft by shoplifting charges under Georgia law. It is eligible to any person who has never been convicted of a felony at the time of their plea. If first offender treatment is granted, the court will sentence the defendant, withhold entering the sentence, and after successful completion of the sentence, the defendant’s conviction will be dismissed and their record will be restricted. However, if the defendant does not complete their sentence, the Judge has the ability to revoke the defendant’s first offender sentence and re-sentence them to the maximum punishment provided under the law. First offender has great benefit, but also involves substantial risk if the person does not successfully complete their sentence.

Finally, some jurisdictions allow for alternate resolutions including city and county ordinance violations that will prevent a state law conviction from being reported on your criminal history. In these situations it is possible that the arrest for theft by shoplifting in Smyrna may still appear on your criminal history.