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Purposely taking possession or concealing merchandise or products at a retail or any other type of store is considered shoplifting in this state. Many mistakenly believe it is a minor offense, but a conviction can have lasting negative consequences, and the value of products or consequent arrests can lead to harsh penalties.
Theft, such as shoplifting, is a crime of dishonesty, and the arrest and conviction on your permanent criminal record can have lasting adverse effects whenever you submit to a background check for employment, licensing, or education opportunities. Therefore, you must take the case seriously and work with a skilled theft attorney if you face charges or a conviction. Schedule an appointment with a Atlanta shoplifting lawyer for questions and more information.
State regulations provide that shoplifting is any action to steal or attempt to steal products and merchandise from a retailer or store intending to deprive them of their property permanently. People in the state commonly face charges, and the arrest can involve any of the following actions:
A conviction for shoplifting in the state can have harsh penalties, depending on the case specifics. At the consultation, an Atlanta attorney could discuss each type and answer specific questions about potential penalties and outcomes.
Shoplifting convictions for merchandise valued at $500 or less is a misdemeanor offense, and sentencing can include fines and spending up to one year in jail. Under Georgia Code Annotated § 16-8-14, sentencing for property worth over $500 is a felony offense punishable by not less than one year in jail. Depending on the circumstances, alternate sentencing may be available for those convicted of a first offense.
First-time arrests for property valued at less than $500 is a relatively minor offense. However, merchandise with high value and repeat arrests and convictions increase the penalties substantially.
The state prosecutor must establish the existence of specific elements to secure a conviction for shoplifting charges. They must prove beyond any reasonable doubt that the individual intended to deprive the establishment of the goods and claim ownership without paying as required by law. They must also make an effort to modify the price tag or conceal the items to take them from the store.
Intent is an essential element of crimes involving theft. Therefore, asserting that the individual mistakenly took the merchandise or forgot to pay for the products may be an effective defense strategy. Every arrest and case differs, and there is no strategy that will work for everyone. After reviewing the case and the state’s evidence, a lawyer in Atlanta could help determine the best plan to reach a favorable outcome for the shoplifting case.
If you face charges for shoplifting, the most effective way to protect yourself from a conviction is by understanding the offense and planning a sound defense strategy. The state must show the court that all elements of the offense are present for a sentence, and careful planning can help prevent receiving a guilty verdict and conviction on your permanent criminal record.
A hard-working and skilled Atlanta shoplifting lawyer could review your case specifics and help determine an effective method to reach the best potential outcome. Call today to schedule a consultation to review your questions and options later this week.