Shoplifting is often a minor offense—until it becomes a potential felony charge.
Perhaps you accidentally fail to scan an item at a store’s self-check-out. Or maybe your child gets pressured into shoplifting for fun. Whatever the case may be, a shoplifting charge can bear significant consequences.
If you or your loved one are facing these charges, here is some important information that can guide your next move.
When is shoplifting considered a misdemeanor?
In Georgia, shoplifting falls under the category of misdemeanor if the value of stolen property does not exceed $500.
The punishment can vary, depending on prior offenses and the value of the property stolen. Penalties can include:
- Fines
- Jail time
- Probation
- House arrest
Punishments are heavier for repeat offenders. For example, a second offense can result in imprisonment and a fine of at least $500.
When does shoplifting turn into a felony?
In Georgia, charges for different kinds of theft heavily depend on the value of the goods stolen. For shoplifting, you may face a felony charge if the value of stolen property is more than $500.
A simple misdemeanor can also turn into a felony if someone has two or more shoplifting offenses on their record, even if the stolen items amount to less than $500.
A felony carries much heavier penalties than a misdemeanor. For instance, felony shoplifting may lead to imprisonment of one to ten years. Moreover, having a felony on your record can make it harder to find jobs, seek housing and obtain credit.
How can you defend yourself?
Even if the situation seems hopeless, there are many potential defenses to your case. These include but are not limited to:
- Lack of intent: You could argue that you did not mean to take the merchandise. For example, you might show that you left the item under your cart and simply forgot to pay for it.
- Mistaken identity: If you think the police or the store misidentified you for someone else who shoplifted, you could use a mistaken identity defense.
- Unlawful search and seizure: Evidence obtained through illegal search and seizure may be inadmissible in court. For example, if the store searched your belongings without your consent, any evidence they find may be useless in court.
Facing any kind of theft charge can be scary, but you do not have to go through this alone. A criminal defense attorney can help you navigate the legal system and protect your rights every step of the way.