Shoplifting Ticket

SEAN GOLDSTEIN, ESQ.
SHOPLIFTING TICKET AND CRIMINAL DEFENSE LAWYER

Shoplifting ticket in Atlanta and Georgia

 

Citizens of Atlanta, Georgia make mistakes every day by shoplifting.  People are tempted by items in stores across Atlanta that they want, but either cannot or do not want to pay for.  People think that even in the unlikely event that they are caught shoplifting, the retail store probably won’t prosecute.

Unfortunately, that is simply untrue.  Walmart, the nation’s largest retailer, will prosecute every single shoplifter caught in their stores to the fullest extent of the law regardless of whether the shoplifted item is a bottle of  nail polish or a flat screen television.

Also, citizens in Atlanta, Georgia are falsely accused every day by overeager security guards of shoplifting.  Security guards, looking for promotion or to secure their job, misinterpret simple mistakes or conduct and accuse innocent people of shoplifting.

If you’ve gotten a shoplifting ticket in Atlanta, or anywhere in the State of Georgia including Gwinnett County, Dekalb County, Fulton County, Cobb County, or Douglas County, or in the cities of Atlanta, Alpharetta, Brookhaven, Chamblee, Doraville, Douglasville, Dunwoody, Duluth, Johns Creek, Lawrenceville, Marietta, Norcross, Roswell, Sandy Springs, or Suwanee, call us at (678) 757-5529 for a free consultation.
Atlanta, Georgia Shoplifting Ticket Information

  • Why You Need A Georgia Shoplifting Defense Lawyer
  • Georgia Shoplifting Ticket Laws and Statutes

 

Why You Need A Georgia Shoplifting Ticket Defense Lawyer

Impact of a Shoplifting Conviction: Whether you’ve made a mistake by shoplifting or have been falsely accused, the impact of a shoplifting conviction appearing on your permanent criminal background can be devastating.  A theft by shoplifting conviction can disqualify you from employment at a large range of jobs.  Prospective employers don’t want to hire a candidate that they believe might steal.  A theft by shoplifting conviction could disqualify you from receiving or maintaining a professional license.

What Can a Lawyer Do?: To put it simply, a shoplifting defense attorney can do a lot.  If you are falsely accused, a shoplifting defense lawyer can help prove your innocence.  Even if the State has enough evidence to convict you of theft by shoplifting, a shoplifting defense lawyer may be able to keep the conviction off of your criminal record.

Georgia Shoplifting Ticket Laws and Statutes

O.C.G.A. § 16-8-14.  Theft by shoplifting

(a) A person commits the offense of theft by shoplifting when such person alone or in concert with another person, with the intent of appropriating merchandise to his or her own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:

(1) Conceals or takes possession of the goods or merchandise of any store or retail establishment;

(2) Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;

(3) Transfers the goods or merchandise of any store or retail establishment from one container to another;

(4) Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or

(5) Wrongfully causes the amount paid to be less than the merchant’s stated price for the merchandise.

(b) (1) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is $500.00 or less in value shall be punished as for a misdemeanor; provided, however, that:

(A) Upon conviction of a second offense for shoplifting, where the first offense is either a felony or a misdemeanor, as defined by this Code section, in addition to or in lieu of any imprisonment which might be imposed, the defendant shall be fined not less than $500.00, and the fine shall not be suspended or probated;

(B) Upon conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by this Code section, in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a “special alternative incarceration-probation boot camp,” probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and

(C) 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.

(2) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft exceeds $500.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(3) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken from three separate stores or retail establishments within one county during a period of seven days or less and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(4) A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this Code section, when the property which was the subject of the theft is taken during a period of 180 days and when the aggregate value of the property which was the subject of each theft exceeds $500.00 in value, commits a felony and shall be punished by imprisonment for not less than one nor more than ten years.

(c) In all cases involving theft by shoplifting, the term “value” means the actual retail price of the property at the time and place of the offense. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property.

(d) Subsection (b) of this Code section shall in no way affect the authority of a sentencing judge to provide for a sentence to be served on weekends or during the nonworking hours of the defendant as provided in Code Section 17-10-3, relative to punishment for misdemeanors.

Contact Goldstein Law Group LLC online or at 678-757-5529 to schedule your free initial consultation. Helping Atlanta, Georgia drivers get on with their lives one traffic ticket at a time.