Shoplifting Lawyer in Atlanta

Repeat Offense Penalties for Shoplifting in Georgia

Georgia imposes escalating mandatory penalties for repeat shoplifting offenses, and several of those penalties can’t be suspended, probated, or deferred by a judge.

• Second offense: A mandatory fine of not less than $500, which can’t be suspended or probated, in addition to or in place of any imprisonment
• Third offense: A mandatory sentence of not less than 30 days imprisonment, or 120 days in alternative confinement or monitored house arrest, which can’t be suspended, probated, or deferred; the court may also require a psychological evaluation and treatment paid for by the defendant
• Fourth or subsequent offense: Automatically treated as a felony punishable by one to 10 years, with the first year of that sentence generally unable to be suspended, probated, deferred, or withheld, though a judge retains some discretion to approve a lower sentence jointly agreed upon by the prosecution and defense

How an earlier charge resolves can directly shape what happens if there is ever a subsequent one, which is why handling even a first charge carefully matters.

Common Defense Strategies in Shoplifting Cases

A charge isn’t a foregone conclusion. Several defense approaches can apply depending on the facts of a specific case.

Because intent is a required element, challenging whether the accused actually meant to take the merchandise is often central to the defense. Forgetting an item in a bag or cart, or not realizing something wasn’t scanned, can undercut the prosecution’s ability to prove intent beyond a reasonable doubt.

Defenses can also focus on the evidence itself. Georgia’s merchant-detention law protects loss prevention staff and store personnel only when they had reasonable grounds to believe a person committed shoplifting, and both store personnel and police must still follow proper procedures during detention and arrest. When those procedures aren’t followed, it can affect the admissibility and reliability of the evidence brought against the accused. Attorney Tevis’s time in the Public Defender’s Office gives him a practiced eye for identifying exactly these kinds of gaps in how a case is built.