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In both of these cases, the accused is facing a misdemeanor charge that carries fines and potential jail time, depending on the details of the case. Additionally, if you have two prior convictions for theft, your third theft conviction will be graded as a felony punishable by at least two years in jail, with a maximum of five years. That means all of the information regarding the shoplifting is viewable to anyone who requests a criminal record check.
Shoplifting – Laws and Penalties. However, with a recent change to Georgia law, you may be eligible to have a shoplifting theft crime wiped off your record. However, a felony theft sentence can involve incarceration for one to ten years and fines. The penalties for a theft conviction vary. Regardless of what the receiver is charged with, they may be subject to the following legal punishments: - Serving a prison sentence; - Paying restitution to any victims harmed by the receiver's actions; - Having to abide by probation guidelines (e. g., curfew, drug tests, treatment, etc. There was probable cause to prosecute a store customer for the offense of shoplifting, where the customer removed a lipstick from its package, abandoned the empty package with the price tag, walked through the store for at least 20 minutes with the lipstick in hand, failed to return the lipstick to a nearby service desk as the customer left, and instead discarded the tube in a handbag on a rack where no employee would be likely to discover the lipstick and return it to its original package. Because there was no language within O. Consolidation of prior indictments. A theft is committed in Georgia when someone takes or converts someone else's services or property without the owner's consent and while intending to deprive the owner of the use, the possession, or the right to the services or property. Contact Scott Miller, an experienced misdemeanor lawyer in Alpharetta, if you are charged with a misdemeanor. Fulton County Shoplifting Lawyers | Criminal Defense Attorneys. You could be charged with either a misdemeanor or a felony, primarily depending on the value of the items you allegedly took, and whether you have a prior criminal record. After you have been convicted of shoplifting the charge, the conviction, fingerprints, and any other documentation surrounding the case will remain on your criminal record permanently. Trial court did not err in not instructing the jury that the value of the items that the defendant shoplifted had to exceed $300 as the value of the items taken was only relevant to distinguish between felony and misdemeanor shoplifting; no such distinction needed to be made in the defendant's case since a store manager testified without contradiction that the retail value of the two watches stolen was between $350 and $390.
Can these charges be dropped? 1, enacted by Ga. 1978, p. 2257, § 2; Ga. 1983, p. 457, § 1; Ga. 1997, p. 1394, § 1; Ga. 1998, p. 578, § 1; Ga. 2000, p. 870, § 1; Ga. 2012, p. 899, § 3-3/HB 1176; Ga. 2016, p. 443, § 13-1/SB 367; Ga. 2017, p. 774, § 16/HB 323. Offenses committed prior to July 1, 1998, shall continue to be governed by and punishable as provided in the law as it existed prior to Ga. 578. If you are found on camera and identified, you can be charged for theft even if it occured months previous. Risk reduction program. Watts v. State, 224 Ga. 596, 163 S. E. 2d 695 (1968). While the consequences of a Georgia misdemeanor conviction will include a maximum of only one year in jail, this becomes a part of your permanent record and will haunt you if you try to apply for a new job when you are released. Soliticing a minor child to do a smash and grab on your behalf can result in a prison sentence of 1 to 5 years. Located in Atlanta, he has successfully helped individuals throughout the state defend against misdemeanor and felony shoplifting charges. Violation of a restraining order. Furthermore, if the receiver genuinely did not know that the property in question was stolen, it would be much harder for the prosecutor to secure a conviction. Receiving stolen property, however, is generally considered a "wobbler" offense. Lynn v. 600, 512 S. 3 Ways to Challenge a Shoplifting Charge. 2d 695 (1999). In Georgia, a misdemeanor or felony shoplifting arrest is forever.
Someone with multiple prior theft convictions faces a felony wobbler. In shoplifting case, trial court's denial of defendant's general demurrer and motion to quash on ground that accusation was legally defective for failure to state the value of the items taken was proper since there was evidence that the property was of some value and the specific value is only relevant for distinguishing between misdemeanor and felony. Note: I always try to keep a local ordinance charge, if possible. 2 million thefts occurred across the United States in 2018. If you are placed under arrest and charged with theft in or near the Augusta area, you must be advised and represented by an Augusta criminal defense lawyer. Drinkard v. State, 155 Ga. 638, 271 S. 2d 889 (1980). Severance of charges. The penalties for a misdemeanor charge include fines and possible jail time. Getting a job with a shoplifting charge. "Receiving Stolen Property.
Theft by taking is everywhere. 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. There was sufficient evidence to support the jury's verdict finding the defendant guilty of aiding and abetting in felony shoplifting, in violation of O. Defenses for Shoplifting or Petty Theft Charges. A person convicted of this crime may end up as a convicted felon. Age (young children typically cannot a theft or burglary). If you'll keep reading this brief discussion of theft and your rights in Georgia, these questions will be answered below. Browse Criminal Defense Lawyers by Location (FindLaw). Even a small theft can send someone to prison for a year. Georgia Shoplifting Laws FAQ | Criminal Defense Lawyer. Whether or not you are facing immediate jail time, if you have been charged with a misdemeanor contact Georgia misdemeanor lawyer Scott Miller right away. Although it may seem like a minor offense, shoplifting charges in Atlanta can still carry a number of serious penalties that have the potential to negatively impact a person for the rest of their life.
Imprisonment in county jail or a correctional institution for not more than twelve months. If you're convicted on burglary charges, you'll face a prison sentence between 5 and 20 years and fines up to $100, 000, depending on the factors in your case.