How can I be charged with shoplifting?

For some reason, the above statement or something like it was told to me many times when I was a prosecutor speaking to a defendant on a shoplifting charge. The value of the item or items taken does not matter for any reason other than whether to charge a person with a misdemeanor or a felony.

There are several ways someone can be charged with shoplifting in Georgia, as defined by O.C.G.A. § 16-8-14. 

1.      Concealing or taking possession of any goods or merchandise.  So, if you put a pack of gum in your pocket, even if you haven’t left the store, that’s shoplifting.

2.      Altering a price tag to reduce the price and making the purchase

3.      Taking goods out of one package and putting them in a different package

4.      Switching the price tags from one piece of merchandise to another

5.      Otherwise wrongfully causing the amount paid to be less than what the merchant is charging.

Virtually anything you do that causes the item or items to be taken from the store’s possession without compensation is considered shoplifting. In Georgia, Theft by Shoplifting is a misdemeanor if the total value of the item(s) taken is less than $300. If the value is over $300 or if the person committed shoplifting of items valued at $100 each from three different establishments in a localized area then the charge is a felony.  A fourth shoplifting charge is automatically treated as a felony, regardless of the value of the items.

In the days of security cameras and loss prevention officers, more and more people get caught shoplifting than ever before.  Theft by Shoplifting may not seem like such a big deal to some people, as it usually is done with small priced items. The effect on your record is the same, however, whether the value of what you take is $1 or $100. A conviction for shoplifting can cause problems down the line for anything from employment to scholarships to public services.  Don’t let “only a can of coke” ruin your life.

If you’ve been charged with Theft by Shoplifting in Georgia, consult a criminal defense attorney to discuss your legal rights.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.