The penalties for a misdemeanor charge include fines and possible jail time. While disorderly conduct in Georgia is a misdemeanor, it can carry significant fines and there is the potential for 6 to 12 months of jail time. A supervisor in a store stopped the defendant as the defendant tried to push a cart full of goods through a door reserved for incoming customers; the defendant could not produce a receipt; and the supervisor brought the cart to the service desk, after which the defendant left the store and was arrested. Theft by a financial institution or government employee through a breach of duties. But the law makes exceptions for the property that a person's spouse owns or that they own with the principal owner. In these cases, an Augusta theft attorney may be able to negotiate an acceptable plea bargain or arrange for alternative or reduced sentencing. It is imperative to hire a lawyer who knows how to negotiate and reduce charges as an option before going to trial on these cases to save the person's rights and their ability to own a firearm in Atlanta. Hiring a criminal defense attorney is your best option for uncovering video surveillance that proves you innocent. At Andersen, Tate & Carr, our attorneys are dedicated to reaching the best possible outcome for our clients. Recovery for detention or arrest of person suspected of shoplifting, § 51-7-60.
Under the law in Georgia you are innocent until proven guilty. Frayall v. State, 259 Ga. 286, 576 S. 2d 654 (2003). If you have been charged with a theft crime, it is important that you work with an experienced criminal defense attorney who understands the defenses to theft offenses and how to best defend your case. A person convicted of this crime may end up as a convicted felon. Georgia law differentiates between theft by shoplifting – mentioned above – and theft by taking, theft by deception, and theft by conversion. The unaltered price tag or other marking on property, or duly identified photographs thereof, shall be prima-facie evidence of value and ownership of the property. Psychology counseling at the offender's expense. Pay all costs, restitutions, and/or assessments levied by the court. For instance, if the bank teller took your deposit and, rather than applying it to your savings account, she put it in her pocket and took it home, she committed theft by conversion. Anyone who is convicted of stealing services or property valued at or under $1, 500 will be charged with misdemeanor theft. New Jersey has the lowest felony threshold for shoplifting charges of any state in the country.
§ 17-10-7 for theft by shoplifting in violation of O. Throughout the years, we have learned how to negotiate for the best resolution for your record, rather than some of the less beneficial options. Can you get a shoplifting charge expunged in Georgia? A., 255 Ga. 160, 564 S. 2d 770 (2002); Hirjee v. State, 263 Ga. 185, 587 S. 2d 144 (2003); Burch v. 388, 657 S. 2d 294 (2008). How is Theft Defined in Georgia Law? While the consequences of a Georgia misdemeanor conviction will include a maximum of only one year in jail, this becomes a part of your permanent record and will haunt you if you try to apply for a new job when you are released.
If there are no diversion or pretrial intervention programs available, reduced charges with lighter sentencing may be an option through a plea bargain which requires your plea of "guilty. " However, the punishments grow harsher with each subsequent offense. If the theft offense is charged as a felony, the crime is punishable by one to ten years imprisonment. The language for each law is generic, covering many kinds of conduct. All of the above will have a serious impact on your record and remain forever, unless a better resolution is negotiated. At the Law Office of Matthew T. McNally, you will find an Atlanta theft crime attorney who is highly skilled at defending all types of theft crime charges, including robbery, burglary, petty theft, grand theft, shoplifting, and white collar theft crimes such as embezzlement and forgery. Holland v. State, 310 Ga. 623, 714 S. 2d 126 (2011) instructions on mere presence. A fourth shoplifting conviction in the state of Georgia could result in a minimum of one year and 10 year maximum prison sentence. § 17-10-7 following a shoplifting conviction because the record of the plea proceeding in a prior case wherein the defendant pled guilty belied the claim that the defendant was not adequately advised of the right to a jury trial; thus, the trial court did not err in considering, for purposes of sentencing, that prior conviction. There are many theft offenses, each with varying penalties. Why Do People with Plenty of Money Shoplift? Read the firm's case results for more information about the victories we have achieved in the past. In most cases, shoplifting is not a premeditated crime.
Wrongfully paying less than the store's stated price for an item. If the stolen property is worth a lot of money, the receiver will likely be charged with a felony. Hayes v. 710, 309 S. 2d 843 (1983). Gilliam v. State, 237 Ga. 476, 517 S. 2d 348 (1999). A smash and grab is a quick theft where someone smashes a window, door, or display case, grabs the presumably more expensive merchandise, and runs away quickly. Theft by conversion occurs when a perpetrator legally obtains funds or property but then knowingly converts the funds or property for use in violation of a legal agreement. The affirmative defense can be useful if the defendant has substantial evidence to deny knowledge or intent. In Georgia, theft can be a felony or misdemeanor largely depending on the value or type of property that is stolen. For example, in New Jersey, you have to wait five years before you can get your misdemeanor record cleaned up. It is possible for someone to commit multiple kinds of theft through a single act. Certain community service work, therapy and courses can help in negotiations with the prosecutor, especially when we are aiming for a dismissal of the charges. Do not let a theft conviction damage your future or take your freedom. There are two ways someone can "deprive" a person of their property. Probation violation.
Also, the lawyer can provide a defense to show that the shoplifting did not take place or the person did not have the intent to do it. Accidental shoplifting will still require you to reimburse the store for lost earnings, but you shouldn't be charged with a misdemeanor. It is one kind of theft under Georgia law, but the language is generic enough to reflect many criminal acts. What Is Considered Stolen Property in Georgia? § 17-10-7(c), rather than the specific recidivist statute applicable to shoplifting offenses, O. Theft by Shoplifting. You could also be required to undergo psychological evaluation and treatment. For more specific information regarding your case, call and schedule a consultation today.
Proving that they were anywhere else can go a long way toward establishing reasonable doubt. You should also contact an experienced criminal defense lawyer at the George McCranie Law Firm as soon as possible. Sufficiency of proof of value. A felony charge may also be reduced to a misdemeanor if the judge decides to lower the charge from a felony to a misdemeanor. As a skilled negotiator and litigator, Attorney Stern will work towards the best possible outcome from the moment you bring him onto your defense team. Shoplifting charges in Georgia can be local ordinances, misdemeanors and even felonies. Browse Criminal Defense Lawyers by Location (FindLaw). If I Bring Stolen Property Into the State and Am Convicted of Theft, Am I Likely to Be Convicted as a Felon?
If you've been arrested or given a citation for shoplifting, give us a call 24/7 to discuss your case. Testimony by the asset protection associate who witnessed the theft and later reviewed the store's video recording of the events, that the associate had a very clear shot of the defendant collecting the games, was able to count the number of games taken and which games were selected was sufficient to show that the value of the items taken exceeded $500, as required for a felony conviction. Conviction under the Georgia statute for shoplifting with intent to appropriate merchandise to one's own use without paying for the merchandise, under O. A separate law governs shoplifting in this state. Value refers to the actual retail price of the property at the time and place of the theft offense. What is Shoplifting? Offenders will face felony charges if the total value of items stolen exceeds $500, even when accrued over multiple crimes.
What constitutes tax-deductible theft loss under 26 USCS § 165, 98 A. Was this a one-time occurrence or did they mention or indicate they had previous surveillance of you doing the same thing? Theft by deception involves obtaining something that does not belong to you by deceitful means. It is important that you do not plead "nolo contendre, " which means that you do not wish to contest the charges. The penalties for a theft conviction vary. Pay the $75 application fee. Why do shoplifters not get caught?