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Georgia Theft & Shoplifting Defense Attorneys

Georgia Theft Crime Lawyers

We Don't Back Down.

A theft or shoplifting charge can put your job, your record, and your future at risk — but an accusation is not a conviction. You are presumed innocent, and the State must prove both that you took the property and that you intended to. From the first call, Morrison & Hughes defends people accused of theft and shoplifting across Georgia — discreetly, aggressively, and without judgment.

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100% confidential consultation
Misdemeanor & felony theft defense
We work to protect your record
0
GA Larceny-Theft Offenses (2023)
Georgia's most reported property crime (GBI / Georgia UCR)
0M
U.S. Larceny-Thefts (2023)
The nation's most common property crime (FBI UCR / NIBRS)
$1,500
GA Theft Felony Threshold
Over this value = felony (O.C.G.A. § 16-8-12)
0%
Rise in Reported Shoplifting
2022 to 2023 nationwide (Council on Criminal Justice)
Theft Is About Intent — and the State Must Prove It

A Mistake Is Not a Crime. An Accusation Is Not Proof.

Theft charges in Georgia turn on two things: whether you actually took or kept property that belonged to someone else, and whether you intended to deprive the owner of it. Loss-prevention officers, store managers, and police often jump to conclusions — a forgotten item in a cart, an honest dispute over ownership, a misread receipt, or simple mistaken identity can all lead to an arrest.

Morrison & Hughes defends people accused of shoplifting, theft by taking, theft by deception, and every related offense throughout Georgia — from Atlanta and the metro counties to LaGrange. We scrutinize the surveillance footage, the loss-prevention report, the inventory records, and the value the State has put on the property, because in theft cases the dollar amount can be the difference between a misdemeanor and a felony.

Every conversation is confidential and protected. There is no judgment here — only a defense team focused on protecting your record, your career, and your future.

Talk to a Theft Defense Attorney
Clothing on racks in a retail apparel store — Georgia theft and shoplifting defense
Theft Charges We Defend

Georgia Theft Offenses We Handle

Georgia's theft statutes (O.C.G.A. Title 16, Chapter 8) cover far more than shoplifting. Each offense has its own elements — and each one requires the State to prove criminal intent. Here is how Georgia defines the charges we defend.

O.C.G.A. § 16-8-2

Theft by Taking

Georgia's catch-all theft statute: unlawfully taking or keeping another's property with intent to deprive them of it — regardless of how the property was first obtained.

O.C.G.A. § 16-8-3

Theft by Deception

Obtaining property through a deceitful means or artful practice — false promises, false impressions, or concealed facts — intending to deprive the owner.

O.C.G.A. § 16-8-4

Theft by Conversion

Lawfully obtaining funds or property under an agreement to use it a certain way, then knowingly converting it to your own use — common in contractor and fiduciary disputes.

O.C.G.A. § 16-8-5

Theft of Services

Knowingly obtaining services, accommodations, or use of property available only for pay — by deception, threat, or false token — with intent to avoid payment.

O.C.G.A. § 16-8-7

Theft by Receiving Stolen Property

Receiving, keeping, or disposing of property you knew or should have known was stolen. You do not have to be the original thief to be charged.

O.C.G.A. § 16-8-14

Theft by Shoplifting

Concealing, altering price tags, swapping containers, or under-ringing merchandise with intent to take it or pay less. Penalties escalate sharply with value and priors.

O.C.G.A. § 16-8-18

Entering an Auto

Entering any motor vehicle with intent to commit a theft or felony. A "wobbler" punishable as a felony (1–5 years) or, at the judge's discretion, a misdemeanor.

O.C.G.A. § 16-8-12

Felony vs. Misdemeanor

For most theft offenses, value drives the grade: $1,500 or less is a misdemeanor, while higher values climb through felony tiers up to 2–20 years in prison.

Related Charges

Burglary, Fraud & More

Theft cases often arrive alongside burglary, criminal trespass, forgery, or identity-fraud counts. We defend the entire indictment, not just one charge.

The Numbers Behind Theft Charges

Georgia & U.S. Theft Statistics

Larceny-theft is the single most common property crime in both Georgia and the nation — which means prosecutors and retail loss-prevention teams handle these cases in volume, and mistakes happen. The data below comes from the FBI's Uniform Crime Reporting Program, the Georgia Bureau of Investigation, and the Council on Criminal Justice.

Property Crime in Georgia (2023)

Larceny-theft vs. other property offenses
Source: GBI / Georgia UCR Summary, 2023 — ~139,352 larceny-thefts, ~28,000 burglaries, ~22,000 motor-vehicle thefts reported statewide (approximate).

Theft Penalty Tiers by Value

Maximum prison exposure (years) under § 16-8-12
Source: O.C.G.A. § 16-8-12 — ≤$1,500 misdemeanor (1 yr), $1,500–$5,000 (5 yr), $5,000–$25,000 (10 yr), over $25,000 (20 yr).

U.S. Larceny-Theft, by Type

Share of larceny offenses nationwide
Source: FBI UCR / Statista, 2023 — theft from motor vehicles and shoplifting are the two most common forms of larceny-theft.

Reported Shoplifting Is Climbing

Indexed reported shoplifting offenses (2019 = 100)
Source: Council on Criminal Justice (NIBRS) — reported shoplifting rose ~22% from 2022 to 2023 and was well above 2019 levels.
Know What You're Facing

Misdemeanor or Felony? In Theft Cases, Value Decides.

For most Georgia theft offenses, the grade of the charge — and how much of your life is on the line — depends on the dollar value the State assigns to the property and, for shoplifting, on your prior record. That value is something we can challenge.

Misdemeanor Theft

Property Valued at $1,500 or Less

  • Under O.C.G.A. § 16-8-12, theft of property worth $1,500.00 or less is generally a misdemeanor.
  • Punishable by up to 12 months in county jail and a fine up to $1,000 (O.C.G.A. § 17-10-3).
  • Shoplifting of $500 or less is a misdemeanor (O.C.G.A. § 16-8-14).
  • Often eligible for diversion or First Offender treatment to protect your record.

Up to 12 months · Fine up to $1,000

Felony Theft

Higher Value or Repeat Offenses

  • $1,500.01–$5,000: 1–5 years (judge may treat as a misdemeanor) — § 16-8-12.
  • $5,000.01–$25,000: 1–10 years in prison.
  • Over $25,000: 2–20 years in prison.
  • Shoplifting over $500, or a 4th shoplifting conviction (any value), is a felony — § 16-8-14.

1 year to 20 years · State prison

Georgia Theft Penalty Ranges at a Glance

Charge / Value Classification Penalty Range Statute
Theft, $1,500 or less Misdemeanor Up to 12 months jail; fine up to $1,000 § 16-8-12 / § 17-10-3
Theft, $1,500.01–$5,000 Felony* 1–5 years (*judge may sentence as a misdemeanor) § 16-8-12
Theft, $5,000.01–$25,000 Felony 1–10 years in prison § 16-8-12
Theft, over $25,000 Felony 2–20 years in prison § 16-8-12
Shoplifting, $500 or less (1st–3rd) Misdemeanor Up to 12 months; escalating fines/penalties with priors § 16-8-14
Shoplifting, over $500 Felony 1–10 years in prison § 16-8-14
Shoplifting, 4th+ offense (any value) Felony 1–10 years; first year cannot be probated § 16-8-14
Entering an auto (theft/felony intent) Felony* 1–5 years (*judge may sentence as a misdemeanor) § 16-8-18

Penalty ranges are general summaries of Georgia law; exact exposure depends on the charged value, prior record, and the facts of your case. Verify with O.C.G.A. and counsel — this is not legal advice.

How We Fight Theft Charges

Defenses to Georgia Theft & Shoplifting Charges

Theft requires criminal intent and proof that the property belonged to someone else and was worth what the State claims. Each of those elements is a place to attack. From the first day, we investigate, challenge, and build leverage.

Lack of Intent

Theft is a specific-intent crime. A forgotten item under a cart, a child who grabbed something, walking out while distracted, or an honest billing mix-up is not theft. If the State can't prove you meant to deprive the owner, the charge fails.

Claim of Right / Ownership

You cannot steal what is already yours, or what you reasonably and honestly believed was yours. Property disputes, repossessions, and "borrowed" items frequently get mischarged as theft.

Mistaken or Inflated Value

The dollar value drives whether you face a misdemeanor or a felony. We challenge inflated retail "values," demand proof of actual price at the time and place, and fight to keep a felony from being built on a few dollars.

Mistaken Identity

Grainy surveillance video, rushed loss-prevention stops, and suggestive identifications put the wrong person in the report. We test the ID and the chain of evidence linking you to the alleged act.

Insufficient or Illegal Evidence

Was there a lawful detention and search? Did loss prevention follow the rules? Is there actual proof of concealment? Weak, missing, or unlawfully obtained evidence can lead to suppression — and dismissal.

Diversion & First Offender to Protect Your Record

For many first-time accusations, pretrial diversion or First Offender treatment (O.C.G.A. § 42-8-60) can resolve the case without a conviction on your record — protecting your job, your housing, and your future.

Confidential Case Review

Request a Confidential Case Review

Tell us what you're facing. Your message goes straight to our defense team and is protected and confidential. A Morrison & Hughes attorney will reach out promptly — no judgment, no obligation. If you have an upcoming court date or your situation is urgent, call 404-LAW-TEAM now.

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Need to talk now? Call 404-LAW-TEAM. Until you speak with us, exercise your right to remain silent and do not discuss the case with loss prevention or police.
Know the Statutes

Georgia Theft Law: The Statutes That Matter

Understanding exactly how Georgia defines each theft offense, how the penalties are tiered by value, and how long the State has to charge you can change the entire course of a case. Here are the rules that matter most.

O.C.G.A. § 16-8-2

Theft by Taking

A person commits theft by taking when he unlawfully takes or, being in lawful possession, appropriates any property of another with the intention of depriving the owner of it — regardless of how the property was first acquired.

O.C.G.A. §§ 16-8-3, 16-8-4, 16-8-5

Deception, Conversion & Services

Deception (§ 16-8-3) covers obtaining property by deceitful means; conversion (§ 16-8-4) covers misusing property or funds lawfully entrusted to you; and theft of services (§ 16-8-5) covers obtaining paid services without paying.

O.C.G.A. § 16-8-7

Theft by Receiving Stolen Property

It is a crime to receive, dispose of, or retain stolen property that you know or should know was stolen, unless you do so to return it to the owner. You don't have to be the original thief to be charged or convicted.

O.C.G.A. § 16-8-12

Theft Penalties & Value Thresholds

Theft of property valued at $1,500 or less is a misdemeanor. Above that, penalties tier up: $1,500.01–$5,000 (1–5 yrs), $5,000.01–$25,000 (1–10 yrs), and over $25,000 (2–20 yrs). Certain property types carry their own enhanced penalties.

O.C.G.A. § 16-8-14

Theft by Shoplifting

Concealing or taking merchandise, swapping price tags, or under-ringing with intent to take it or pay less. $500 or less is generally a misdemeanor (penalties escalate with priors); over $500, or a 4th conviction, is a felony punishable by 1–10 years.

O.C.G.A. §§ 16-8-18 & 17-3-1

Entering an Auto & Time Limits

Entering an auto with intent to commit theft is a felony (1–5 yrs) that a judge may reduce to a misdemeanor. Under § 17-3-1, the State generally must charge misdemeanor theft within 2 years and felony theft within 4 years.

If You've Been Accused

Accused of Theft or Shoplifting? Protect Yourself.

What you do — and don't do — in the moments after a theft accusation can decide your case. Loss prevention and police start building against you immediately. Protect your record.

1. Stay Calm and Silent

You have the right to remain silent — use it. Don't argue, confess, or try to explain to loss prevention or police. Politely say you won't answer questions without a lawyer, then stop talking.

2. Don't Sign Anything

Stores and "civil demand" companies may push you to sign admissions or pay on the spot. Don't. A signed statement can become the centerpiece of the State's case. Decline and call a lawyer.

3. Don't Consent to Searches

You can decline a search of your bag, car, or phone. Saying "I do not consent" preserves powerful suppression arguments — even if officers search anyway.

4. Preserve the Evidence

Keep receipts, return records, texts, and the names of anyone who was with you. Surveillance video is often overwritten quickly — early counsel can demand it be preserved.

5. Write Down What Happened

As soon as you can, record the timeline: the store, the officers, what was said, and exactly what occurred. Details fade fast and small facts can win a theft case.

6. Call Morrison & Hughes

The earlier we're involved, the more evidence we can preserve and the more options we can protect — including diversion and First Offender. Call 404-LAW-TEAM — confidential.

Common Questions

Georgia Theft & Shoplifting FAQs

Is shoplifting a felony in Georgia?
It depends on the value and your record. Under O.C.G.A. § 16-8-14, theft by shoplifting of property worth $500 or less is generally a misdemeanor (with escalating penalties for repeat offenses), while shoplifting of property worth more than $500 is a felony punishable by 1–10 years. A fourth or subsequent shoplifting conviction is a felony regardless of value, and the first year of that sentence cannot be probated.
What value makes theft a felony in Georgia?
For most theft offenses, O.C.G.A. § 16-8-12 makes theft of property valued at $1,500 or less a misdemeanor. Above that, the penalties tier up: $1,500.01–$5,000 is punishable by 1–5 years (a judge may treat it as a misdemeanor), $5,000.01–$25,000 by 1–10 years, and over $25,000 by 2–20 years in prison. Because the value the State assigns is so important, challenging an inflated valuation is often central to the defense.
What does the State have to prove to convict me of theft?
The State must prove beyond a reasonable doubt that the property belonged to someone else, that you took or kept it unlawfully, and — critically — that you intended to deprive the owner of it. Theft is a specific-intent crime. If the taking was an honest mistake, a misunderstanding over ownership, or there's no proof you meant to keep the property, the charge should fail.
Can a theft charge be kept off my record?
Often, yes. For many first-time accusations, pretrial diversion or First Offender treatment (O.C.G.A. § 42-8-60) can resolve a case without a conviction — and a successfully completed First Offender sentence is not a conviction at all. Many dismissed or acquitted charges also qualify for record restriction under O.C.G.A. § 35-3-37. Protecting your record is one of the first things we work toward.
The store made me sign papers and demanded money. Do I have to pay?
Retailers and third-party "civil demand" companies often send letters demanding payment after an alleged shoplifting incident. A civil demand is separate from the criminal case, and paying it does not make the criminal charge go away — nor does ignoring it resolve the criminal case. You should not sign admissions or pay anything before speaking with a lawyer; what you sign can be used against you in court.
How long does Georgia have to charge me with theft?
Under O.C.G.A. § 17-3-1, the State generally must commence prosecution of a misdemeanor within two years and a felony within four years of the offense. Certain circumstances can toll (pause) these deadlines. Because timing can be a complete defense in some cases, it should always be reviewed by an attorney.
Is my conversation with Morrison & Hughes confidential?
Yes. Communications with our attorneys for the purpose of seeking legal advice are protected by the attorney-client privilege and kept strictly confidential. Your initial consultation is private and carries no obligation. We understand a theft charge can feel embarrassing and threaten your job and reputation — there is no judgment here, only a team committed to defending you and your future.
From the Morrison & Hughes Blog

Theft & Shoplifting Defense Resources

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Visit the Morrison & Hughes Blog

More straight-talking guides on Georgia criminal law, your rights, and how to fight the charges you're facing.

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Related Practice Areas

Practice Area

Burglary & Property Crimes

Burglary, criminal trespass, and criminal damage to property — felony exposure that turns on intent and evidence, often charged alongside theft.

Learn more →
Practice Area

Forgery & Fraud

Identity fraud, check forgery, and financial-crime cases built on documents and intent — frequently paired with theft and deception counts.

Learn more →
Practice Area

Criminal Defense

Aggressive, confidential defense for misdemeanors and felonies across Georgia. See every charge we handle and how we protect your record and freedom.

Learn more →

Service Areas: Find Your Local Theft Defense Attorney

Six office locations across Georgia. We defend the accused statewide.

Marietta Alpharetta & Roswell Decatur Hiram Fayetteville LaGrange All Service Areas

Charged With Theft or Shoplifting in Georgia? Call Now.

Free, confidential consultation. We'll listen without judgment, explain exactly what you're facing, and start protecting your record, your career, and your future today. The sooner you call, the more we can do.

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