Legal Question in Criminal Law in Georgia

Theft on government property

I was caught shoplifting on government property. What is that considered, a felony or misdemeanor? Should I get a lawyer? and what could happen to me? I also have a prior coviction for shoplifting at Walmart in a different state when I was 18, could that have bearing on my case and make my punishment worse? thank you for you time


Asked on 8/11/04, 11:29 am

2 Answers from Attorneys

Jim Hough Thomas J. Hough, Jr., P.C.

Re: Theft on government property

Your question does not give me any information as to who is proceeding with the prosecution. I can not tell from the question whether it is a misdemeanor or felony. You should be represented and the fact that you had an earlier shoplifting case definitely suggests that your punishment in this case may be enhanced.

I fear this has not helped, but you really need to address the detail for a more complete answer.

Jim Hough

770-607-5300

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Answered on 8/12/04, 9:52 am
W. Henry Clerke IV Bryman, Clerke & Kent, P.A.

Re: Theft on government property

I am not certain if you have been charged with a violation of state law. Assuming that you have been charged with a violation of state law the following is applicable. Pursuant to Georgia law a shoplifting offense is categorized as a misdemeanor offense if the value of the subject property is $300 or less. This can carry a penalty of one year in jail and a $1,000 fine. If the value of the property is greater than $300 then the offense is categorized as a felony. This can carry a penalty of up to ten years in jail. The punishment is based upon the facts of the case. Factors that are relevant in determining the punishment include but are not limited to the value of the property, whether or not the victim has been compensated for the loss, whether or not there has been a prior conviction for shoplifting and any other prior convictions. Yes you should consult with an attorney regarding this issue because a conviction could result in jail time.

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Answered on 8/19/04, 8:49 am


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