The crime can be charged as a misdemeanor or a felony, depending on the value of the stolen property and the number of prior offenses. We will carefully evaluate the evidence and listen to your side of the story. How to beat a shoplifting charge in georgia court. However, the state of Georgia and the victims of shoplifters disagree with this perception. A judge then decides whether the person should be granted an Expungement Order. It may be necessary for the defendant to prove that either they had no knowledge that the property in question was stolen or that they had no intent to conceal that it belonged to someone else, depending on the facts of the case.
The official law states that putting items in incorrect containers or switching price tags are all considered forms of shoplifting. 1, enacted by Ga. 1978, p. 2257, § 2; Ga. 1983, p. 457, § 1; Ga. 1997, p. 1394, § 1; Ga. 1998, p. 578, § 1; Ga. 2000, p. 870, § 1; Ga. 2012, p. 899, § 3-3/HB 1176; Ga. 2016, p. 443, § 13-1/SB 367; Ga. 2017, p. 774, § 16/HB 323. Georgia shoplifting laws prohibit the following: Concealment of goods or merchandise while in a retail establishment or store; Making alterations of price tags on goods or merchandise; Transferring merchandise from one container to another; Changing a price tag or label from one piece of merchandise to another, and. It is possible for someone to commit multiple kinds of theft through a single act. Conviction under the Georgia statute for shoplifting with intent to appropriate merchandise to one's own use without paying for the merchandise, under O. A supervisor in a store stopped the defendant as the defendant tried to push a cart full of goods through a door reserved for incoming customers; the defendant could not produce a receipt; and the supervisor brought the cart to the service desk, after which the defendant left the store and was arrested. Intoxication or mental incapacity. However, a person will not be charged under this law. Attorney Miller provides a high level of service with quality results. Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by this Code section, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld. What Is Considered Stolen Property in Georgia? A felony jury, in contrast, is a twelve-person jury. Scott will work with you to have the charges dismissed and to keep your record clean. Beating Disorderly Conduct Charges in Georgia. Parker v. State, 170 Ga. 295, 316 S. 2d 855 (1984), overruled on other grounds, Darty v. State, 188 Ga. 447, 373 S. 2d 389 (1988).
The more valuable the property was, the higher the criminal penalties are. For article, "Misdemeanor Sentencing in Georgia, " see 7 Ga. St. B. J. This process is known as a Subject Access Request. If you have been charged with shoplifting in the state of Georgia, you are probably feeling worried, frightened and anxious. At Hirsch Criminal Defense, attorney Hirsch aggressively defends his clients against their shoplifting charges. Otherwise, the crime is a misdemeanor. Have You Been Charged with Shoplifting in the State of Georgia. Shoplifting items worth over $500 triggers a felony charge, and prosecutors in Georgia may pursue a felony charge for smaller thefts that total $500 or more over a period of six months. Call (678) 918-4421 today to schedule a free consultation with an experienced theft crime defense attorney. Located in Atlanta, he has successfully helped individuals throughout the state defend against misdemeanor and felony shoplifting charges. The crime is usually a felony if the stolen property is worth more than $1, 500. For example, in New Jersey, you have to wait five years before you can get your misdemeanor record cleaned up. New laws were passed in the summer of 2010 by the Georgia Legislature to increase penalties for so called "smash and grab" thefts. Evidence supported the defendant's conviction for shoplifting because the defendant was observed concealing boxes of cold medication in a jacket.
An eligible person must prepare and file a Petition for Expungement. A lot is at stake when you're facing theft and burglary charges. Relationship with federal immigration law. Legal penalties vary depending on the facts of the case and whether the receiver is charged with a felony or a misdemeanor. The perpetrator will face a sentence of up to one year in jail and be charged with a fine. What Are the Possible Consequences of Receiving Stolen Property? At the George McCranie Law Firm, our criminal defense team has extensive experience as both prosecutors and defense lawyers. However, if you accept, this still counts as a criminal conviction. Your ideal attorney will determine whether the evidence is sufficient to prove the charge and advocate on your behalf. Fine for shoplifting in georgia. In the state of Georgia, a person commits theft by shoplifting if they: - Hide or steal any goods or merchandise in a retail establishment.