A shoplifting arrest can affect your ability to obtain employment so it is important to speak to one of our attorneys about your case shoplifting arrest.
Shoplifting is more complex than simply walking out of a retail store with an item of merchandise. Georgia law says a person commits the offense of theft by shoplifting when such person alone or with the help of another person intends to deprive the owner of possession of the item by doing any of the following:
Conceals or takes possession of the goods or merchandise of any store or retail establishment;
Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
Transfers the goods or merchandise of any store or retail establishment from one container to another;
Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or
Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.
If the value of the property or merchandise involved in the shoplifting is less than $500 then it is a misdemeanor. If the value of the property exceeds $500, then the shoplifting is a felony.
While this may seem like a minor offense, shoplifting charges can still carry jail time, a fine, and remain on your criminal record making it important to contact an Atlanta shoplifting lawyer. Often times retail stores have security cameras and it can be helpful to obtain the security camera footage to help build a defense quickly.
Most shoplifting cases are misdemeanors due to the fact that it is most common that the amount of items taken is just a few dollars.However, the more times a person is convicted for shoplifting, the minimum sentence that they face increases. With a second conviction, there is a minimum $500 fine; a third would carry a minimum of thirty days in jail; and a fourth misdemeanor shoplifting conviction has a mandatory sentencing of up to ten years and it is a felony.
If you have been charged with theft by shoplifting for the first time, it might be possible for an experienced attorney to negotiate a pre-trial diversion program for you to prevent this charge from showing on your criminal history. It is important to contact an Atlanta theft attorney about how best to resolve the situation.