Many people will shoplift something at least once in their life without ever engaging in any other criminal behavior. Individual thefts may not seem significant, but the combined losses from shoplifting cost retailers over 100 billion in losses each year. Retailers and the state take shoplifting very seriously. Retailers will push for prosecution, even for minor thefts. The result is that a stupid and impulsive act can lead to criminal consequences and a record that follows you for the rest of your life.
If you are accused of shoplifting, you should work with a seasoned criminal defense attorney. You want to defend against the charges to get them dismissed or get a not-guilty verdict if you go to trial. If the evidence against you is overwhelming, a Doraville shoplifting lawyer could negotiate a resolution that keeps you from having a criminal record.
What Is Shoplifting?
Shoplifting is a type of theft that involves taking items from a store or other retail establishment. The item’s value does not determine whether the theft is a crime, but whether the crime will be charged as a misdemeanor or a felony. If the retail value of the stolen item or items is $500 or less, the offense is a misdemeanor, with a penalty of up to 12 months in jail and a $1,000 fine. When the value of the stolen item or items is more than $500, it is a felony offense, with a sentence of one to 10 years in prison.
Shoplifting is any action that causes a person to wrongfully leave with items without paying the store’s retail price. Other ways to shoplift include taking items and hiding them in clothes or a bag, altering price tags, putting goods in another container, or misrepresenting the price of an item.
Organized Retail Theft
Sometimes, people work together to shoplift more items. Georgia Code Annotated § 16-8-14.2 describes organized retail theft. When someone organizes, plans directs, or supervises one or more people to take property from stores or retail establishments, the crime is considered organized retail theft. Under this law, the state can look at the aggregate value of the property taken over 180 days from one or more stores or retail establishments. The value of the items is based on their retail price. The punishment is a fine of up to $50,000 and imprisonment of three to 20 years.
Likely Punishment for Shoplifting
First offenders will likely face light consequences for a shoplifting offense, especially when the value of the goods is less than $500. However, while the criminal penalties are low, it establishes a criminal record. Even a minor criminal record can impact your employability and the outcome of any future criminal charges.
The number of prior convictions has a substantial impact on someone’s sentence. The state is less likely to dismiss charges for a defendant with a criminal history, and sentences increase with further convictions. The fourth shoplifting offense is a felony, which will follow you for the rest of your life. A Doraville shoplifting attorney may be able to negotiate with the state to keep you from getting felony charges.
Speak With a Doraville Shoplifting Lawyer
Resolving your shoplifting case depends on several factors, including the nature of the state’s evidence against you. Many retail establishments have cameras around the building that record shoplifters. If they have images of you taking property, it will be easier for the state to prove their case. A Doraville shoplifting lawyer can research the evidence against you to help you plan a defense.
Your criminal history will also play a role in your defense. An attorney may be able to get deferred adjudication for a first-time offender, which allows you to escape a conviction and related penalties. If you have a criminal history, your attorney can explore other avenues to reduce the charges against you or defend against the allegations. Schedule a consultation to learn more.