The Best Defenses To Shoplifting Criminal Charges In Georgia
Shoplifting charges in Georgia carry significant consequences. A conviction will affect an individual’s personal, professional, and financial life. However, being accused doesn’t automatically mean conviction and there are various defenses that can challenge the evidence, question the intent, or show a lack of probable cause. When we represent clients facing shoplifting charges, our goal is to explore every possible defense under Georgia law. Let’s now discuss the best legal defenses to shoplifting charges, covering crucial statutes, potential legal issues, and current approaches to minimizing the impact on our clients’ lives.
Understanding Shoplifting Charges In Georgia
In Georgia, shoplifting is considered theft and falls under several specific categories defined by Georgia Code §16-8-14. A person can be charged with shoplifting if they are accused of concealing or taking merchandise, altering price tags, or transferring goods from one container to another with the intent to deprive the store of its property. In recent years, Georgia has increased the penalties for shoplifting, especially for repeat offenders, underlining the importance of experienced legal representation when facing these charges.
Defense #1: Lack Of Intent Defense
One of the most powerful defenses against a shoplifting charge is proving a lack of intent. Under Georgia law, intent is a crucial element in a theft charge. To convict someone, the prosecution must show that the accused deliberately intended to steal. If we can present evidence showing that our client didn’t have this intention—perhaps they accidentally walked past a register while distracted or had a medical emergency—then we may succeed in reducing or dismissing the charges. Many people inadvertently end up with items in their possession without realizing it. Establishing a lack of intent can significantly weaken the prosecution’s case.
Defense #2: Rights Violation During Detention
Under Georgia law, store personnel have the right to detain an individual if they have probable cause to believe shoplifting has occurred. However, this detention must be reasonable in both time and manner, as outlined in Georgia Code §51-7-60. If store personnel acted aggressively, used excessive force, or detained our client for an unreasonable amount of time, we can challenge the shoplifting charge by asserting that our client’s rights were violated. Such an argument could potentially lead to a dismissal or reduction of the charges if we can demonstrate that the store’s actions infringed on our client’s rights.
Defense #3: Lack Of Probable Cause
For a shoplifting charge to hold up, there must be clear evidence that a theft was intended and in progress. Probable cause means that a reasonable person would believe a theft occurred based on the observed actions. Without sufficient evidence of this probable cause, we can argue that the shoplifting charge is unwarranted. Georgia’s courts require specific details for probable cause, and if store personnel or law enforcement lacks this evidence, we may move to have the charges dropped.
Defense #4: Challenging The Evidence
Shoplifting cases often rely heavily on video surveillance or eyewitness testimony, which can be less reliable than they appear. Surveillance footage might be grainy, captured from an unfavorable angle, or omit important context, leading to misinterpretations. By meticulously scrutinizing the quality and reliability of this evidence, we can challenge its validity. This thorough examination of evidence often proves crucial in establishing reasonable doubt, potentially leading to a more favorable outcome for our client.
Defense #5: Insufficient Evidence
In many shoplifting cases, the prosecution may not have enough evidence to meet the burden of proof. For example, if a store’s security footage is unclear or witnesses give contradictory statements, it may be impossible for the prosecution to prove their case beyond a reasonable doubt. In Georgia, like in all criminal cases, the standard of proof is high. If we find that the evidence doesn’t meet this standard, we can argue for a dismissal. Ensuring that every piece of evidence is scrutinized can reveal gaps that benefit our client’s defense.
FAQs About Defending Against Shoplifting Charges In Georgia
Can Shoplifting Charges Be Dismissed If I Return The Item?
Returning the item does not automatically lead to a dismissal of charges. In Georgia, shoplifting is a criminal offense based on intent, not whether the item was ultimately kept or returned. However, returning the item can sometimes work in your favor as a sign of good faith, and it may help us negotiate with the prosecutor for a lesser charge or alternative resolution. We would need to review the facts of your case to determine the best strategy.
What Are The Penalties For Shoplifting In Georgia?
Penalties vary depending on the value of the item and whether you have prior convictions. For items valued at $500 or less, shoplifting is generally considered a misdemeanor, punishable by up to a year in jail and fines. For items over $500 or in cases involving repeat offenders, it can escalate to a felony charge, leading to more severe penalties, including prison time. Our team can help clarify potential penalties based on your specific situation.
Is It Possible To Avoid A Criminal Record For Shoplifting?
Yes, it is possible. For first-time offenders, diversion programs may be available, which can allow you to complete certain requirements in exchange for dismissing the charges. Additionally, depending on the case facts, we may be able to negotiate a plea agreement or explore other options that keep a conviction off your record. We can discuss these options in more detail during a consultation.
Will My Employer Find Out About My Shoplifting Charge?
If you are arrested, shoplifting charges may appear on your criminal record. However, if we secure a diversion or dismissal, it may not appear on your permanent record, reducing the chance of your employer discovering it. We can also discuss record-sealing options for eligible cases to protect your privacy.
How Can I Defend Against A Shoplifting Charge If I Have No Prior Record?
Having no prior record can be beneficial, as it often allows us to argue for a more lenient approach, such as a diversion program or alternative sentencing options. We can present your clean record as evidence of good character and work to find a resolution that protects your future. Each case is unique, so we will need to discuss the details to develop the best defense strategy.
Call To Action For The Mazloom Law Firm, LLC
At The Mazloom Law Firm, LLC, we are committed to helping individuals facing shoplifting charges navigate the legal system with confidence and protection. If you or a loved one is dealing with shoplifting allegations in Marietta, Georgia, or the surrounding Atlanta area, reach out to us for a strong defense. We understand the consequences of a criminal conviction and will work tirelessly to protect your rights and your future.
To receive a free consultation to discuss your shoplifting case, contact our Marietta criminal defense lawyer at The Mazloom Law Firm, LLC by calling 770-590-9837. Our Marietta-based office proudly represents clients throughout the Atlanta metro area. Let us help you find the best path forward and secure the support you deserve.
