UNDERSTANDING YOUR OPTIONS WITH AN ATLANTA SHOPLIFTING LAWYER

Shoplifting is one of the most commonly committed theft crimes in Atlanta. It involves stealing, concealing, or taking items outside a retail store without consent. This can be jewelry from a department store or medicine from a pharmacy. Shoplifting may be charged as a misdemeanor or felony, depending on the stolen item’s value.

Were you arrested for shoplifting in Georgia? You may be in danger of a criminal conviction. It is crucial that you consult a Georgia shoplifting attorney as soon as possible. Our criminal defense attorneys at Conoscienti and Ledbetter understand the seriousness of shoplifting charges and their potential impact on your life. We can assess the specific circumstances of your case, evaluate the evidence against you, and develop a strategic defense to help you avoid a criminal conviction.

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Georgia courts take shoplifting charges seriously. Your penalties will depend on the quantity and value of the stolen goods and whether you have prior shoplifting convictions. Shoplifting is a misdemeanor offense if the value of stolen goods is $500 or less. Shoplifting is a felony offense in the following circumstances:

• The value of the stolen item is above $500

• You stole items from three different stores in the same county within seven days, and their value exceeds $500

• The items were taken during a 180 days period, and their total value exceeds $500

• It is your fourth or subsequent conviction for shoplifting

Felony shoplifting is punishable by imprisonment between one and ten years. A second misdemeanor or felony conviction will result in a fine of at least $500 that’s not be subject to suspension or probation. A third conviction will result in a mandatory thirty-day jail time.

The judge may also order your 120-day confinement to house arrest, probation boot camp, or another correctional facility. In addition to the confinement, they may request that you undergo psychological evaluation. You will be responsible for paying for the treatment and cannot suspend or defer it.

Several defenses may be available depending on your case. Some common defenses to shoplifting charges include:

• Innocence/alibi: The police may have arrested you due to false witness testimony. The prosecution must prove beyond reasonable doubt that you shoplifted. An alibi that places you at a different location during the time of the offense may prove your innocence.

• Lack of intention: You cannot be convicted of shoplifting if the prosecution cannot prove criminal intent. You may have mistakenly taken items from a store, believing you had paid for them. Lack of intention is not a defense to shoplifting if you are charged with theft.

• Entrapment: One typical entrapment case involves undercover police officers pretending to be store employees. They may ask you to take items from the store without paying for them. The court will consider whether the average person would have committed the offense under similar circumstances.

• Insufficient evidence: The prosecution has the burden of proof to show that you committed the offense. If there is inadequate evidence, the court may dismiss your charges.

• Illegal search and seizure: Your Atlanta shoplifting lawyer can challenge the legality of a search and seizure by police officers. Any evidence they obtain may be inadmissible in court if they conducted an illegal search.