When you take or convert someone else’s property or services with the aim of “deriving” the original owner the ability to use, legally possess, or exercise their right to the property or service, you have committed theft, according to the law in Georgia. Shoplifting and grand theft are criminal theft offenses punishable by the law.
While they involve taking someone else’s property, the cases differ in a wide range of ways. In this article, we differentiate between shoplifting and grand theft to help you understand the legal concepts surrounding these two cases.
According to the law in Georgia, shoplifting is the act of hiding items for sale or merchandise in a bag, coat, or any other place with the aim of getting out of the store without paying for them. Whether you make it out of the store or not, you can still be charged with shoplifting since you had the intention to steal, even if you didn’t complete it successfully. Shoplifting also includes swapping price tags so you can pay a lesser amount for the item, changing or faking UPC labels, and providing false information so you can get a refund.
Also known as grand larceny, grand theft refers to theft of items or property worth more than $1500.It is classified under felony theft and carries more severe charges and penalties than theft cases involving property worth less than $1500.
Here’s a breakdown of the key distinctions between shoplifting and grand theft.
Shoplifting usually involves theft of small and low-value items commonly sold in retail stores. They may include clothing, food, small electronic items, and cosmetics. Grand theft, on the other hand, involves stealing high-value items or property worth $1500 or more.
In Georgia, shoplifting is a misdemeanor offense, depending on the value of items involved. For items worth $500 or less, the penalty for shoplifting is a fine of up to $1000 and up to 12 months in jail. Offenders who get less than 6 months in jail may be required to serve their sentences during non-working hours or weekends.
Shoplifting items worth more than $500 is classified as a felony and attracts a sentence of up to 10 years in jail. The same applies to repeat shoplifting offenses that add up to 500 within a 6-month period.
Grand theft, on the other hand, is a felony that attracts up to 10 years of incarceration. It may also include probation, fines, restitution, and community service. The seriousness of the offense usually determines the severity of the penalty.
Most shoplifting cases occur spontaneously and without premeditation. Usually, the perpetrators take advantage of an opportunity to steal and usually do so in retail stores by hiding items without the intention of paying for them when they walk out.
Unlike shoplifting, grand theft perpetrators may have planned the theft way before committing the offense. It may include intentional actions such as breaking and entering and often requires more planning.
If you or someone you know has been charged with shoplifting or grand theft, it is crucial to contact a criminal defense attorney immediately. Davis Maddens & Associates, P.C., can help you navigate the legalities of theft cases in Georgia while protecting your rights and interests. Contact us today to schedule a consultation!
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