Charged with Shoplifting or Theft in Cobb County? Here’s How to Fight Back
A shoplifting or theft accusation in Cobb County, Georgia, is a serious matter. Even a minor charge can lead to jail time, fines, a criminal record, and lasting damage to your reputation. But just because you have been accused does not mean you are guilty or that you have no options. With the right defense strategy, you may be able to get your charges reduced or dismissed altogether.
We can assure you that having an aggressive legal advocate in your corner makes all the difference. In this post, we will walk you through what you need to know if you are facing a shoplifting or theft charge in Cobb County and how an experienced attorney can help you achieve the best possible outcome for your case.
Shoplifting and Theft Laws in Georgia
Under Georgia law, theft and shoplifting are classified based on the value of the goods allegedly stolen:
- Theft by taking: Goods valued at $1500 or more. Punishable by 1-10 years in prison.
- Theft by shoplifting: Goods valued at $300 or more. Charged as a felony with 1-10 years in prison.
- Shoplifting less than $300: Charged as a misdemeanor with up to 1 year in jail for a first offense. Subsequent convictions can lead to felony charges.
Even for misdemeanor shoplifting, a conviction goes on your permanent criminal record. This can make it very difficult to get a job, housing, loans or schooling in the future. This is why it is so critical to fight the charges with the help of a skilled theft defense lawyer.
Common Shoplifting & Theft Defenses
There are a number of valid legal defenses that may apply in your shoplifting or theft case:
- Lack of intent: Theft crimes require intent. If you accidentally walked out without paying, that is not theft.
- Mistaken allegations: Many theft accusations arise from misunderstandings. Store employees and security guards often make mistakes.
- Illegal search: If the police violated your rights by conducting an unlawful search, any evidence they obtained may be thrown out.
- Entrapment: If you were coerced into committing theft by law enforcement, entrapment may apply.
- Lack of evidence: The prosecution has the burden to prove guilt beyond a reasonable doubt. Often their evidence is lacking.
At Andrew L. Schwartz, P.C., we leave no stone unturned when it comes to fighting for my clients.
What To Do If You Are Arrested
If you are arrested for shoplifting or theft in Cobb County, here are some important steps to take:
- Stay calm and polite. Do not argue with or resist the police.
- Invoke your right to remain silent when arrested. This means you do not have to admit or explain anything to the cops.
- Contact an attorney immediately. Insist on having your lawyer present before answering any questions.
- Gather evidence. Make a list of potential witnesses. Save any receipts or notes that may help your case.
- Stay off social media. Do not post anything about your case online. It will only hurt you.
Andrew L. Schwartz, P.C. Can Help
Our lead attorney has been defending clients against shoplifting and theft charges in Cobb County for many years. He knows the local courts, the prosecutors, and the most effective defense tactics. He will use his knowledge and experience to build the strongest possible case on your behalf.
If you have been charged with shoplifting or theft in Cobb County, do not face it alone. Call our Cobb County theft lawyers today at (678) 853-2500 for a free and confidential consultation.
Source:
georgia.gov/life-law
