Many theft cases involve errors at self-checkout, disputes over borrowed property, or store claims that leave out key facts. J. Ryan Brown Law reviews receipts, security video, and witness statements to show what really happened. Call today to talk about options like dismissal, reduced charges, or First Offender treatment.
That gap surprises nearly everyone, and it catches people in Hiram constantly. Walk out of a store with merchandise worth $501, and Georgia can charge a felony carrying up to ten years. However, if you steal something worth $800 from someone’s purse that is sitting on the counter, it is a misdemeanor.
The legislature set shoplifting’s threshold deliberately low. If you are facing a theft charge in Paulding County, the first thing worth understanding is which statute applies to you and what number determines your exposure.
At J. Ryan Brown Law, we defend theft charges in Hiram and throughout Paulding County.
Most theft offenses are charged under O.C.G.A. § 16-8-2, theft by taking, which covers unlawfully taking or appropriating someone else’s property with the intent to deprive them of it. Related offenses include theft by deception under § 16-8-3, theft by conversion under § 16-8-4, and theft by receiving stolen property under § 16-8-7.
Penalties for these offenses come from O.C.G.A. § 16-8-12 and scale by value:
One category ignores value entirely. Under § 16-8-12(a)(6), if the property stolen was a firearm, destructive device, or explosive, the penalty is one to ten years regardless of what it was worth, and five to ten years on a second or subsequent conviction. A stolen handgun worth a few hundred dollars is a felony on that basis alone.
There is also a recidivist provision. A defendant with two prior convictions under §§ 16-8-2 through 16-8-9 faces felony treatment of one to five years on a third or subsequent conviction, regardless of the amount, though the judge retains discretion to treat it as a misdemeanor.
Certain circumstances carry their own enhanced treatment, including theft by a fiduciary in breach of that obligation and theft by an officer or employee of a government or financial institution.
Theft by shoplifting falls under O.C.G.A. § 16-8-14, and it operates on its own terms.
The statute reaches more conduct than walking out with merchandise. It covers concealing or taking possession of goods, altering price tags, transferring items between containers, swapping labels, and any other method of attempting to pay less than full retail value. You do not have to leave the store.
Repeat offenses escalate sharply:
That fourth-offense provision is why old misdemeanor shoplifting convictions, even minor ones a client has forgotten about, can transform a small new case into mandatory prison time. Pulling a complete criminal history is one of the first things that has to happen.
Because the entire penalty structure runs on dollar amounts, the value of the property is not a background detail. It is an element the state has to prove.
Common issues:
Moving a case from just above a threshold to just below it changes a felony into a misdemeanor. That is frequently the single most valuable thing a defense accomplishes in a theft case.
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Every theft offense requires intent. Georgia requires proof that the defendant intended to deprive the owner of the property or, for shoplifting, intended to appropriate merchandise without paying full value.
That element fails more often than people expect:
Surveillance footage often answers these questions, and it is frequently overwritten if nobody requests it in time.
Theft convictions are classified as crimes of dishonesty, which gives them outsized weight on background checks. The practical consequences include:
A felony conviction carries with it a permanent loss of firearm rights and loss of voting rights while the sentence is being served.
Depending on the charge and your history, a case may be resolvable without a conviction:
None of these is automatic. Each has to be requested and supported.
Hiram is in Paulding County, one of the fastest-growing counties in Georgia. Felony theft charges are heard in Paulding County Superior Court in Dallas, part of the Paulding Judicial Circuit. Misdemeanor theft and shoplifting matters proceed through State Court in the same complex on Constitution Boulevard.
We represent clients throughout Hiram, Dallas, and the rest of Paulding County.
A theft case frequently comes down to two numbers and one question of intent. All three are contestable, and all three are easier to contest while the evidence still exists.
J. Ryan Brown Law defends theft and shoplifting charges in Hiram and across Paulding County. We examine the valuation, the intent evidence, and your complete record before anything gets decided.
Contact us today. We answer 24/7.
