Georgia Theft Laws Explained: From Shoplifting to Burglary

Georgia theft laws define a wide range of criminal offenses involving the unlawful taking of another person’s property. These laws cover acts from shoplifting and theft by taking to more serious crimes, like burglary and armed robbery. Georgia theft crime penalties depend on property value, whether force or fraud occurred, and the defendant’s criminal history.

Understanding the distinctions between misdemeanor and felony theft can clarify what’s at stake in any given case. In 2025, updated legal interpretations and enforcement trends continue to impact how theft charges are handled in Georgia courts. If you are facing any type of accusation, from petty theft to sophisticated burglary, understanding these laws is essential for gauging the potential legal consequences.

Hire a Georgia Theft Lawyer

At Jarrett Maillet J.D., P.C., our legal team has years of experience in handling theft crimes, from misdemeanor shoplifting to felony burglary. Jarrett Maillet served as a prosecutor and knows Georgia theft laws inside and out, along with how they are applied in court. He can effectively fight the state’s case against you.

Our team is dedicated to offering clients clear communication, strategic defense, and client-centered advocacy. If you are facing theft charges anywhere in Georgia, you need to quickly hire a theft lawyer from our firm to defend you.

Types of Theft Crimes Under Georgia Law

Georgia theft law includes several classifications of theft, each defined by separate legal statutes and corresponding punishments. This crime can involve theft by taking, shoplifting, theft by deception, or knowingly receiving stolen property.

Burglary and robbery are often associated with theft as well, but they are defined separately in the Georgia code as unlawful entry and force, respectively. The total value of the property, along with other offense-specific factors, will determine whether the charge is a misdemeanor or felony.

In many cases, shoplifting under $500 is considered a misdemeanor, while theft over $500 will likely be charged as a felony. It is important to understand the legal language used in each type of theft charge, as they each require separate defenses. If you have been charged with theft in Georgia, a skilled theft attorney in Georgia can determine what type of charge you are facing and how to proceed.

Legal Defenses and Strategies in Georgia Theft Cases

Georgia theft crimes are prosecuted under specific laws, and a defense against one type of theft may not work against another. The viability of any theft defense depends on the facts and evidence of each individual case, along with the definitions set forth by the particular theft offense you are charged with.

A skilled theft defense attorney can devise a defense strategy that attacks the weakest areas of the prosecution’s case. For example, in shoplifting or burglary cases, defense lawyers might also contest the credibility of a witness, the accuracy of surveillance, or improper police procedure.

Prompt legal intervention can preserve defenses, possibly resulting in reduced charges, dismissal, or diversion. Some of the most common theft defenses include:

• Lack of intent, where there was no intent to permanently deprive the owner
• Mistaken identity, in which the suspect is wrongfully accused or misidentified
• Ownership disputes, wherein you thought the property belonged to you
• Insufficient evidence or a lack of proof linking you to the crime

FAQs

Q: What Is Considered Theft Under Georgia Law?

A: Theft in Georgia is when a person unlawfully takes another person’s property with the intent to permanently deprive that person of the property. Theft includes crimes like shoplifting, theft by deception, theft by taking, and receiving stolen property.

Burglary and robbery are more serious theft crimes because they involve entry or force. The exact charge of a theft crime is important when forming a proper defense strategy.

Q: Can I Be Charged With Theft If I Didn’t Leave the Store?

A: Yes, in Georgia, a person can be charged with shoplifting by simply “intending” to shoplift. For example, concealing merchandise, switching price tags, or avoiding the checkout counter can be considered evidence of an intent to steal. Many of these cases are based on video evidence or testimony by store employees. An effective defense can present a lack of intent to steal or otherwise challenge the evidence to protect your record.

Q: How Common Are Theft Cases in Georgia?

A: Larceny-theft is the most commonly reported theft offense in Georgia. In 2023, 135,954 larceny-theft cases were reported statewide, according to Georgia’s Uniform Crime Reporting (UCR) Program. These include offenses like shoplifting, theft by taking, and stealing from vehicles.

With so many cases processed each year, having a strong legal defense is essential. An experienced theft defense attorney can explain the charges, evaluate evidence, and seek the most favorable resolution.

Q: What’s the Difference Between Larceny-Theft, Burglary, and Motor Vehicle Theft?

A: Larceny-theft is taking property without force or through unlawful entry, including shoplifting or stealing from a vehicle. Burglary is entering a structure (house, business, etc.) without permission and with the intent to commit a crime inside. Motor vehicle theft is the taking of a whole car or truck. These are all different charges and have different penalties. Each crime carries different penalties, and understanding the charge is key to building an effective theft defense.

Contact a Georgia Theft Lawyer From Jarrett Maillet J.D., P.C.

Facing theft charges in Georgia, whether it’s for a minor shoplifting offense or a serious felony, such as burglary or motor vehicle theft, can have severe consequences, regardless of the nature of the offense. The potential penalties for a theft conviction include jail time, fines, a permanent criminal record, and long-term personal and professional consequences that can affect your future.

At Jarrett Maillet J.D., P.C., we understand Georgia theft laws and how they can apply in your situation. We can explain your options and what to expect when facing larceny-theft, burglary, or other theft charges. Depending on the circumstances of your case, such as the value of the property, your history, and the evidence available, we can determine how your case may be resolved.

From negotiating with prosecutors to going to trial, we know how to assert your rights and fight for your future. Whether this is your first theft charge or you’re facing a felony theft accusation, contact the office to speak with an experienced Georgia theft attorney and discuss your case today.