Shoplifting in Georgia

In Georgia, shoplifting means trying to avoid paying full price for something in a store. This can include hiding an item, walking out without paying, changing a price tag, putting an expensive item in a cheaper package, switching price tags, or using any trick to pay less than the listed price.

What Must Be Proven

To prove that someone committed shoplifting in Georgia, prosecutors must show that the person tried to take something from a store without paying full price and without the store’s permission. This can include hiding items, switching price tags, changing labels, or moving items into different containers. They also need to show the person knew what they were doing and intended to steal from the store. Evidence might include video footage, witness statements, or signs that the packaging was altered. The value of the item is also important because it affects whether the charge is treated as a misdemeanor or a felony.

Is Shoplifting in Georgia a Felony or Misdemeanor?

If the value of the stolen property is $500 or less, the charge is usually a misdemeanor. However, if the value is over $500, or if the person has prior shoplifting convictions, the charge can be upgraded to a felony.

Personal & Professional Consequences

Being accused of shoplifting can lead to serious and long-lasting consequences in your personal life, career, and relationships. You could be arrested and end up with a criminal record, which can make it harder to get a job, earn a promotion, or even keep your current position. It may also affect your ability to rent a home, get into school, or qualify for professional licenses in fields like healthcare, education, or real estate. If you’re not a U.S. citizen, it could lead to immigration issues such as visa denial or deportation. You might also have to pay back the store or face extra fines, and you could be banned from returning to certain stores. Beyond the legal and financial impact, the emotional stress and social stigma can take a toll, especially for first-time offenders who may not realize how far-reaching the effects can be.

Criminal Consequences of Shoplifting in Georgia

Misdemeanor Shoplifting

If the value of the property taken is $500 or less, the offense is typically charged as a misdemeanor. Penalties may include:

• Up to 12 months in jail
• A fine of up to $1,000 or more
• Restitution to the store or business
• Probation, which may include conditions such as no new arrests, regular check-ins, and restricted travel
• Community service
• Arrest and criminal record if convicted

Felony Shoplifting

• Shoplifting in Georgia may be charged as a felony if:
• The value of stolen goods exceeds $500, or
• The individual has two or more prior shoplifting convictions (regardless of the value of the stolen goods).

Felony shoplifting penalties may include:

• 1 to 10 years in prison (more severe if prior convictions are present)
• Substantial fines and long-term probation
• Court-ordered rehabilitation or theft prevention programs
• Bans from stores or commercial properties
• Community service
• A permanent criminal record if convicted

Alternatives to Jail

Pretrial Diversion

Many courts in Georgia offer pretrial diversion or first offender programs to individuals facing shoplifting charges, especially those with little or no prior criminal history. These programs are designed to give first-time offenders a chance to avoid a permanent criminal record.

In a pretrial diversion program, the defendant agrees to meet certain conditions, such as completing community service, paying restitution, attending theft prevention classes, and avoiding further legal trouble for a specified period (often 3 to 12 months). If the program is successfully completed, the charges may be dismissed and no conviction will appear on the individual’s record.

However, diversion is not guaranteed and depends on several factors, including the jurisdiction, the severity of the offense, and the person’s background.

First Offender Programs for Shoplifting in Georgia

A first offender program under Georgia’s First Offender Act (O.C.G.A. § 42-8-60) is meant to give eligible individuals a second chance. The purpose of the program is to help people avoid the lasting consequences of a criminal conviction if they take responsibility and complete their sentence successfully.

To qualify, the defendant must plead guilty, but the court withholds adjudication. This means no conviction is entered unless the person fails to meet the terms of the sentence. If the sentence is completed without any violations, the case is closed without a conviction.

The individual may then be eligible for record restriction, also known as expungement. Record restriction limits who can see the arrest and court records, keeping them out of view from most employers, landlords, and the general public. However, law enforcement and certain government agencies can still access the records.

Shoplifting and Immigration Consequences

If you are not a U.S. citizen, even a minor shoplifting charge in Georgia can lead to serious immigration problems. Taking something as small as a $50 item might seem like a minor offense under Georgia law, but under federal immigration rules, it can be considered a crime involving moral turpitude. This can lead to deportation, denial of citizenship, or being blocked from reentering the United States, even if you have a green card.

Immigration laws are strict, and enforcement can change quickly. Courts and prosecutors are paying closer attention to theft cases than in the past. That is why it is so important for non-citizens to work with a defense attorney who understands both the criminal and immigration consequences and who can step in early to challenge the validity of the arrest and the charges.

Fighting a Shoplifting Charge in Georgia

Being charged with shoplifting does not mean a person is guilty. In Georgia, every individual is presumed innocent until proven otherwise, and the law guarantees the right to a strong legal defense. The attorneys at Zeliff | Watson take that responsibility seriously.

Shoplifting charges are often based on weak or incomplete evidence, mistaken identity, or a simple misunderstanding. In many cases, there may be no intent to steal at all. The defense team at Zeliff | Watson knows how to identify the flaws in a case and take immediate steps to protect their client’s rights.

Their attorneys aggressively challenge the evidence, confront questionable accusations, and fight for the best possible outcome. Whether that means getting the charges dismissed, negotiating a reduction, or resolving the case without a damaging conviction, Zeliff | Watson stands ready to defend their clients at every stage.

Proven Ways to Fight Shoplifting Charges in Georgia

There are many effective strategies to challenge a shoplifting charge in Georgia. From disputing the evidence to exposing legal or procedural errors, experienced attorneys can explore every option to protect a client’s record and future.

Below are just a number of the commonly used and successful defenses in Georgia shoplifting cases.

• No Intent to Steal
Under Georgia law, the prosecution must prove that the person intended to steal. If someone was distracted, forgot to pay, or believed someone else had already paid, there may be no criminal intent and therefore no crime.

• Mistaken Identity
It is not uncommon for someone to be wrongly identified, especially in crowded or chaotic store environments. Eyewitness mistakes and unclear video footage can lead to false accusations.

• No Concealment or Theft Attempt
If the item was never hidden or taken past the point of sale, it may be difficult for the prosecution to prove the person planned to steal it.

• Proof of Payment
If there is a receipt, a bank record, or surveillance footage showing that the item was paid for, the charges may be dropped quickly.

• False Accusation
A store employee, another shopper, or even a companion may accuse someone unfairly. These accusations may come from confusion, bias, or an attempt to cover for someone else.

• Illegal Search or Detention
If police or store security violated the person’s rights during a stop, search, or detention, the evidence they collected may be excluded and the case could be dismissed.

• Coercion or Threats
If someone was forced or threatened into taking the item by another person, that could be used as a legal defense to explain the conduct and seek a dismissal or reduction.

• Mental Health or Cognitive Conditions
Mental illness, dementia, or developmental disorders can affect a person’s awareness and judgment. Courts may consider this when determining how the case should be handled.

• Lack of Probable Cause
If there was no clear reason for the stop or arrest, the case may not hold up in court. Law enforcement must have specific facts to justify detaining or charging someone.

Shoplifting Investigations

If you are currently being investigated for shoplifting, it is important not to speak directly with the police or store security. Anything you say can be used against you. These investigations often begin when store security or law enforcement believe they have identified someone through surveillance footage and attempt to make contact.

Instead of trying to explain the situation on your own, contact an attorney immediately. An experienced attorney can step in early, protect your rights, and may be able to prevent charges from being filed or an arrest from taking place. A skilled defense attorney can also challenge the accusations, uncover errors or omissions in the investigation, and expose mistakes made by staff members, security personnel, or law enforcement.

Local Ordinance Violation Versus State-level Shoplifting Charges

In Georgia, the way a shoplifting charge is filed can have a big impact on your case and your future. In some cities and counties, shoplifting may be charged as a local ordinance violation instead of a state-level misdemeanor. This is important because local ordinance violations are typically handled in municipal court and often do not appear on your permanent criminal record the same way a misdemeanor would. On the other hand, a state-level misdemeanor goes through state court and becomes part of your official criminal history. If your case is filed as a local ordinance violation, it may lead to fewer long-term consequences. An experienced attorney can quickly determine how your charge is being handled and take the right steps to protect you and work toward the best possible outcome.

Shoplifting Charges Are More Common Than You Think in Georgia

Shoplifting is one of the most common criminal charges in Georgia. Big retailers like Walmart, Home Depot, Kohl’s, and Publix report new cases every day. Some people are stopped before they even leave the store. Others are contacted or arrested days later, often after store security reviews video footage or completes an investigation.

If you have been arrested or given a citation for shoplifting, it is important to write down everything you remember as soon as possible. Every detail matters. Were you actually arrested or just handed a ticket? Did store employees ask you to sign any papers? Were you asked to pay a fee on the spot, such as $150? What items were recovered, and how much were they worth? Did the store mention past incidents or say they had you on video before?

Schedule a Free Case Evaluation

If you have been accused of shoplifting, Zeliff | Watson offers a free, no-obligation case evaluation to help you understand your legal options before taking the next step.

During your consultation, you will have the opportunity to ask questions about your rights, the court process, and what to expect moving forward. After hearing your side of the story, our attorneys will ask follow-up questions to better understand the situation and begin identifying potential defenses. Whether you were arrested, cited, or are currently under investigation, we will take the time to examine how the charge was filed and determine the best approach to your case.

After the evaluation, we will outline a strategy tailored to your circumstances and provide a quote for our services. Our goal is to challenge the charges and work toward the best possible outcome, whether that means a dismissal, a reduction in charges, or a full acquittal in court.

To get started, please use the online form below.