Theft crimes in Georgia encompass a wide range of offenses, all involving the unlawful taking or use of property or services. Generally, a person commits theft when they wrongfully appropriate another's property, intending to deprive the owner of its lawful use or possession. Georgia’s theft laws cover everything from shoplifting to theft of trade secrets, and the consequences can vary dramatically depending on the value and type of property involved.
At The Ozer Law Firm, LLC, we understand how overwhelming theft charges can feel. Attorney Jennifer L. Ozer is deeply familiar with the Chatham County courts and has built strong relationships with local prosecutors. This unique understanding enables her to anticipate the potential outcomes of your case while developing a strategy to secure the best possible results. Whether you’re facing misdemeanor or felony theft charges, our firm is committed to protecting your rights and defending you with determination and care.
Understanding Misdemeanor and “Wobbler” Theft in Georgia
Theft offenses in Georgia are penalized based on the value of the property allegedly stolen. Someone accused of stealing property or services valued at $1,500 or less may be charged with misdemeanor theft, punishable by up to 12 months in jail and $1,000 in fines.
However, if a defendant has previously been convicted of 2 or more theft offenses, the misdemeanor becomes a felony “wobbler,” in which case the judge can either impose a misdemeanor jail sentence or a felony prison sentence.
Note that wobbler offenses are those that can be charged as either misdemeanors or felonies. Wobbler thefts include the theft of property or services valued at $1,500-$5,000, which a judge can punish by 1 or 5 years in prison, and the theft of property valued at $5,000-$25,000, which can be punishable by 1 or 10 years in prison.
Consequences of Felony Theft in Georgia
Felony theft refers to theft crimes involving property of significant value or cases that include aggravating factors. Penalties can vary depending on the type and circumstances of the theft. Below are examples of felony theft offenses under Georgia law and the potential penalties associated with each:
- Theft of property or services valued at $25,000 or more: 2 to 20 years’ imprisonment
- Breach of fiduciary obligation: 1 to 15 years’ imprisonment
- Theft by deception from individuals aged 65 or older (property valued at more than $500): 5 to 10 years’ imprisonment
- Theft of firearms or explosives: 1 to 10 years’ imprisonment (subsequent offenses require a minimum term of 5 years)
- Theft of grave markers or memorials: 1 to 3 years’ imprisonment
- Theft by extortion involving threats: 1 to 10 years’ imprisonment
Repeat felony offenders will face enhanced sentencing. Upon a second or subsequent felony conviction, individuals are often required to serve the maximum sentence, with those convicted of four or more felonies becoming ineligible for parole.
Shoplifting Laws and Penalties in Georgia
Shoplifting is one of the most frequently charged theft offenses in Georgia, but it is far from a straightforward matter. The legal nuances surrounding shoplifting cases make clear why understanding the law and having qualified legal representation is crucial. The crime can take many forms, including concealing merchandise, swapping price tags, or altering product packaging to reduce its price. Remarkably, under Georgia law, the act does not need to be completed for you to face charges; simply intending to steal will suffice to subject you to prosecution.
Intent plays a pivotal role in shoplifting cases. Unlike other theft offenses, shoplifting charges can hinge solely on whether prosecutors can prove your intent to commit theft, even if you never left the store with the items. For example, placing merchandise into your bag or altering price tags is often enough for authorities to press charges. Because “intent” is subjective and challenging to establish definitively, this can serve as fertile ground for building a strong legal defense.
Misdemeanor Shoplifting
When the value of the items shoplifted is $500 or less, the crime is generally classified as a misdemeanor. Penalties for a misdemeanor conviction can include up to 12 months in jail, but courts often impose alternative sentences like probation, community service, or restitution payments, depending on the circumstances and whether this is a first offense.
Felony Shoplifting
If the value of the merchandise exceeds $500, shoplifting is elevated to a felony offense. A felony shoplifting conviction can lead to imprisonment ranging from 1 to 10 years. However, the severity of the sentence may depend on prior criminal records, the specifics of the case, and whether mitigating circumstances are present.
Civil Penalties
Shoplifting cases don’t only carry criminal penalties but can also lead to civil liability. Georgia law allows a shop owner to pursue civil damages against an alleged offender, provided they follow specific procedures. Civil damages may include the actual cost of the shoplifted items, punitive damages of $300 or three times the cost of stolen goods (whichever is greater), and legal fees.
Crucially, before escalating the matter to court, property owners must issue a 30-day demand letter to the suspected offender, providing them the chance to resolve the matter privately. Failure to respond or pay within the specified timeframe often results in legal action with potentially greater financial and reputational consequences.
Defending Against Shoplifting Charges
First-time offenders facing shoplifting charges often wonder how they might avoid imprisonment or mitigate their penalties. This is where experienced legal counsel becomes invaluable. At The Ozer Law Firm, LLC, we are skilled in presenting compelling defenses, negotiating plea bargains, and exploring alternative sentencing options such as pre-trial diversion programs or the First Offender Act.
Comprehensive Legal Defense for Theft Charges
Whether you're facing shoplifting charges or more complex theft allegations involving felony-level offenses, The Ozer Law Firm, LLC is here to stand by you. We take a compassionate yet assertive approach, reviewing every detail of your case to build a strong defense. When the stakes are high, you need an experienced attorney who can strategize effectively and advocate for the best possible outcome.
Contact us today for a confidential consultation. Together, we can work on protecting your rights and seeking a resolution that safeguards your future.
Frequently Asked Questions
How can a first-time offender in Georgia facing felony charges for shoplifting avoid imprisonment, and should they hire a lawyer or plead guilty?
A first-time offender in Georgia does have options. Courts may allow eligible individuals to participate in pre-trial diversion programs or plead under the First Offender Act, which could result in probation instead of prison. However, navigating these legal alternatives requires expertise, which is why hiring an experienced attorney is essential. Pleading guilty without understanding your options could lead to unnecessarily harsh penalties. An attorney will help you assess potential defenses and negotiate the best outcome for your situation.
What are the chances of getting jail time for a first-time shoplifting offense involving felony and misdemeanor charges, and how does the First Offender Act affect sentencing?
For misdemeanor shoplifting offenses, first-time offenders often avoid jail through probation, fines, or community service. With felony offenses, the likelihood of jail time increases. However, the First Offender Act may allow first-time offenders to serve probation and avoid formal conviction, provided they meet specific conditions and comply with court orders. Your attorney will evaluate whether you qualify and help make the case for more lenient sentencing.
Does Chatham County consider charges from other Georgia counties when sentencing for felony shoplifting?
Yes, prior convictions from other Georgia counties can be considered during sentencing. Repeat offenses often lead to enhanced penalties, even if the previous charges occurred outside Chatham County. This underscores the importance of effective legal representation to address your current charges while minimizing the impact of any prior convictions.
