Top Defenses Against Shoplifting Charges In Georgia
Facing shoplifting charges in Georgia can feel overwhelming, especially with the serious consequences that can follow. We know how stressful it is when you or someone close to you is accused of shoplifting. As criminal defense attorneys experienced in defending shoplifting cases in Fulton County and across Georgia, we want to explain the best defenses and how we approach these cases. Georgia’s shoplifting laws are complex, and understanding them is crucial for building a strong defense. It’s important to remember that being charged does not mean you will be convicted. With the right defense strategy, we can work to protect your rights, reputation, and future.
Shoplifting in Georgia is governed by O.C.G.A. § 16-8-14, and the law defines shoplifting as an act of theft by concealing or taking merchandise from a retail establishment without paying for it. However, the statute also includes acts such as altering price tags or transferring items between containers to pay a lower price. In order to convict someone of shoplifting, the prosecution must prove intent—specifically, that the defendant acted with the intent to deprive the store of its property.
Defenses Based On Lack Of Intent
One of the most powerful defenses to shoplifting charges is the argument that there was no intent to steal. In Georgia, intent is a critical component of a shoplifting conviction. O.C.G.A. § 16-8-14 requires the prosecution to show that the accused intended to take merchandise without paying for it. Without proving intent, there can be no conviction. For example, a shopper may have accidentally left the store with an item, unaware that it was not properly scanned or paid for. Mistakes can happen, and we often use this defense when the circumstances show that the accused had no intention of committing theft. Witness statements, surveillance footage, and even receipt records can support this defense.
Mistaken Identity Or Misunderstanding
Another common defense is mistaken identity or misunderstanding. In busy retail environments, store employees or security personnel may wrongly identify someone as a shoplifter. This can occur when there are multiple people in the store, confusion over who picked up or returned items, or reliance on unclear security footage. We’ve encountered cases where a person was accused simply because they were nearby when someone else attempted to shoplift or because they were mistaken for someone else on a security tape. In these situations, we examine all available evidence to challenge the store’s claims.
Constitutional Violations
Shoplifting cases often involve store security and law enforcement. As a result, we are always on the lookout for any constitutional violations during the arrest process or in how evidence is gathered. If store security or the police violated our client’s rights, such as conducting an illegal search or seizure without probable cause, we can argue for the evidence to be suppressed. Under O.C.G.A. § 17-5-1, Georgia law protects individuals from unreasonable searches and seizures. If evidence is obtained unlawfully, it cannot be used in court, which could lead to a dismissal of the charges.
Insufficient Evidence
The burden of proof in any criminal case rests with the prosecution, and shoplifting cases are no exception. For a conviction, the prosecution must prove every element of the charge beyond a reasonable doubt. If the evidence is weak or insufficient, we aggressively challenge the prosecution’s case. This might include showing that the store’s surveillance footage is unclear, witnesses are unreliable, or the store inventory records are inaccurate. If the prosecution can’t present strong evidence, we will push for a dismissal or acquittal.
Mental Health Or Cognitive Defenses
In some theft cases, an individual charged with shoplifting may have underlying mental health issues or cognitive impairments that affected their judgment at the time of the alleged offense. For example, if someone suffers from a medical condition that impairs their ability to make rational decisions, this could form the basis of a defense. We work with medical experts when necessary to show the court that our client did not have the mental capacity to commit the crime intentionally.
Legal Ramifications Of Shoplifting In Georgia
A conviction for shoplifting in Georgia can lead to grave consequences, including fines, probation, community service, and even jail time. For first-time offenders, shoplifting less than $500 worth of merchandise is typically charged as a misdemeanor under O.C.G.A. § 16-8-14(b)(1), which carries up to 12 months in jail and a fine. However, for those with prior convictions or who are accused of stealing higher-value items, the offense can be elevated to a felony, leading to much harsher penalties. In addition to the criminal consequences, a conviction could affect future employment opportunities, education, and even housing. This is why a strong defense is essential to avoid the long-term repercussions of a conviction.
Georgia Shoplifting FAQs
What Should I Do If I’m Accused Of Shoplifting But Didn’t Intend To Steal?
If you’re accused of shoplifting but didn’t intend to steal, your best course of action is to remain calm and not admit to anything on the spot. Intent is a key element in Georgia shoplifting law, and without it, the prosecution cannot secure a conviction. We will examine the circumstances to show that your actions were unintentional or the result of a misunderstanding.
Can A Shoplifting Charge Be Dropped If The Store Doesn’t Have Enough Evidence?
Yes, charges can be dropped if the store doesn’t have enough evidence. Georgia prosecutors must prove your guilt beyond a reasonable doubt. If the store’s evidence is weak, such as unclear security footage or unreliable witnesses, we can work to have the charges dismissed. We focus on uncovering these weaknesses to protect your rights.
Is It Possible To Avoid A Conviction For Shoplifting If It’s My First Offense?
Yes, first-time offenders in Georgia may be able to avoid a conviction through options like pretrial diversion programs. These programs allow eligible individuals to complete community service, pay restitution, or meet other requirements in exchange for having the charges dropped. We will explore every available option to keep a conviction off your record.
What Are The Penalties For Felony Shoplifting In Georgia?
Felony shoplifting in Georgia occurs when the value of the stolen merchandise exceeds $500 or if you have prior convictions. Felony shoplifting is punishable by one to ten years in prison, depending on the circumstances. We’ll work to minimize these penalties or seek an alternative resolution whenever possible.
How Does A Shoplifting Conviction Affect My Criminal Record?
A shoplifting conviction in Georgia will go on your permanent criminal record, which can
impact job opportunities, housing, and even your ability to secure a loan. In some cases, convictions can be expunged after a certain period. We will discuss whether expungement is an option for you if you’re convicted.
What Should I Do If I’m Falsely Accused Of Shoplifting?
If you’re falsely accused of shoplifting, contact us immediately. Mistaken identities and misunderstandings are common in busy retail environments. We will gather evidence, including surveillance footage and witness testimony, to clear your name and ensure your rights are protected.
Call Our Shoplifting Defense Lawyer In Fulton County For Your Consultation
If you or someone you know is facing shoplifting charges in Fulton County or the surrounding areas, The Mazloom Law Firm, LLC, is ready to help. Protect your rights and your future by getting experienced legal representation on your side. Our team of dedicated attorneys has the knowledge and experience to handle your case, whether you’re a first-time offender or facing repeat charges.
Contact our shoplifting defense lawyer in Fulton County at The Mazloom Law Firm, LLC, at 770-590-9837 to receive your free consultation. We are located in Marietta, Georgia, and we’re ready to defend your rights and protect your future. Don’t wait—reach out today!
