FAQs About Cobb County Shoplifting Charges
While a shoplifting charge may seem relatively straightforward, the reality is that the severity of this kind of charge can vary a lot depending on the circumstances, including the accused’s prior criminal record and the value of the goods that were allegedly taken. To help give you a better idea of the penalties that you could be facing if charged with shoplifting in Georgia, we’ve included a few answers to the most common theft-related questions we receive.
What Qualifies as Shoplifting?
In Georgia, a person can be convicted of shoplifting if he or she, with the intent to take merchandise without paying for it, takes any of the following actions:
- Conceals or otherwise takes possession of a store’s goods;
- Alters the price tag on a store’s merchandise;
- Transfers a store or retail establishment’s merchandise from one container to another;
- Switches the labels or price tags from one piece of merchandise to another; or
- Wrongfully pays less than the store’s stated price for an item.
Because this law is written so broadly, a wide range of actions could fall under the category of shoplifting. In fact, theft by shoplifting doesn’t even require that a person actually leave the store in order to be charged. As long as a person is observed concealing items or changing price tags, he or she could be detained for shoplifting. Whether that offense is charged as a misdemeanor or a felony, however, will depend on other factors.
When is Shoplifting a Misdemeanor Offense?
In Georgia, theft by shoplifting can be charged as either a misdemeanor or a felony. Generally, the severity of the charge will depend on the value of the items that were allegedly taken. If, for instance, the property was valued at $500 or less, then the accused will most likely face misdemeanor charges. Such a charge should not, however, be taken lightly, as conviction for a misdemeanor shoplifting offense comes with up to a year in jail and a $1,000 fine. A second misdemeanor conviction will result in a mandatory $500 fine and potential jail time, while a third conviction comes with at least a month in jail or four months of probation or house arrest.
When is Shoplifting a Felony Offense?
Shoplifting charges will be upgraded to a felony offense if:
- The total value of the property that was taken exceeds $500;
- The defendant is accused of committing thefts from three retail stores in the same county within seven days; or
- The defendant is accused of committing a series of thefts in the last six months when the total value of the items taken exceeds $500.
Felony shoplifting penalties are much more severe, ranging from one to ten years in prison. Subsequent offenses, even if the prior charges were misdemeanors, will result in some form of mandatory time in custody or a fine.
Contact Our Law Office Today
Just because a person is arrested for shoplifting does not mean that he or she will automatically be convicted. For help building a defense to these kinds of accusations, please call experienced Cobb County shoplifting lawyer Andrew L. Schwartz, P.C. today.
Sources:
law.justia.com/codes/georgia/title-16/chapter-8/article-1/section-16-8-14/
law.justia.com/codes/georgia/title-17/chapter-10/article-1/section-17-10-3/
