JLA Law Group

Theft and Shoplifting Defense in Georgia

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Theft and shoplifting charges in Georgia range from misdemeanor shoplifting to felony armed robbery, with penalties that can reach 20 years in prison. In Gwinnett County, retail stores and shopping centers aggressively prosecute shoplifting cases, and the district attorney does not take these charges lightly. At J. Lee & Associates, we defend individuals accused of all types of theft charges.

Under O.C.G.A. § 16-8-14, shoplifting merchandise valued at $500 or less is a misdemeanor carrying up to 12 months in jail and a $1,000 fine. Merchandise valued over $500 is a felony carrying 1 to 10 years. Theft by taking under O.C.G.A. § 16-8-2 carries similar penalties based on value. Motor vehicle theft is always a felony carrying 1 to 10 years.

For non-citizens, theft convictions carry significant immigration consequences. Theft is generally considered a crime involving moral turpitude (CIMT) under immigration case law. A CIMT conviction can result in deportation, inadmissibility, and denial of immigration benefit applications. The defense must pursue alternatives that avoid CIMT classification.

Steps You Should Take

1

Do Not Admit Guilt

Do not sign any admission of guilt at the store. Do not give written statements. Store security does not have the authority to offer you legal deals. Tell them you want to speak with an attorney.

2

Call (770) 609-9396

We evaluate your defense options: first offender program, challenging the evidence, negotiating reduced charges, or trial. The strategy depends on the specific circumstances of your case.

3

Keep All Documentation

Purchase receipts, citations, store documents, and any related correspondence. If you did pay for the items and were falsely accused, your receipts are your best evidence.

4

Do Not Return to the Store

Many retailers issue trespass warnings. Returning to the store can result in additional criminal trespass charges under O.C.G.A. § 16-7-21.

Frequently Asked Questions

What is the difference between misdemeanor and felony theft?
In Georgia, the threshold is $500. Theft of property valued at $500 or less is generally a misdemeanor. Over $500 is a felony. However, vehicle theft, theft of explosives, and theft of controlled substances are always felonies regardless of value.
Can I get a first offender program for shoplifting?
Yes, frequently. Georgia offers diversion and first offender programs that can result in dismissal of charges upon completion of requirements such as community service, anti-theft classes, and restitution. Our attorneys negotiate these programs with the prosecution.
Can the store also sue me in addition to the criminal charges?
Yes. Under O.C.G.A. § 51-10-6, the merchant can file a civil lawsuit against you for the value of the merchandise plus a civil penalty. This is separate from the criminal case and is frequently resolved through a payment.
What if I was detained but not arrested?
If the store detained you, turned you over to police, and police issued a citation instead of arresting you, you still have pending charges. You must appear in court on the date indicated. Ignoring the citation results in a bench warrant for your arrest.
Does a shoplifting charge affect my immigration?
It potentially can. Theft is generally a CIMT. A conviction can affect green cards, naturalization, DACA, and TPS. For a first-offense minor shoplifting charge, there are defense strategies that avoid CIMT classification. It is critical that your attorney understands the immigration implications.

Applicable Laws

O.C.G.A. § 16-8-14Shoplifting: misdemeanor if $500 or less, felony if over $500.
O.C.G.A. § 16-8-2Theft by taking: penalties based on property value.
O.C.G.A. § 16-8-12$500 threshold for felony classification in theft offenses.
O.C.G.A. § 42-8-60First offender program: eligibility for conditional diversion.

Related Services

Asalto y AgresiónDefensa CriminalCrímenes JuvenilesDefensa CriminalDefensa contra DeportaciónLey de Inmigración

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1250 Tech Dr, Suite 240

Norcross, GA 30093

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