Legal Question in Criminal Law in Georgia

I don't believe that there have been any significant changes in the Shoplifting statute since 1992. Historical research of the code section would be beyond the scope of a free answer. However, regardless of what the law was in 1992 if you were arrested now for a third, there would be no safe harbor in all likelihood in the law in 1992. Also it does not matter where your prior convictions were as long as the state can present competent evidence of the prior convictions.

In Georgia the applicable law for conviction of a third offense for shoplifting, where the first two offenses are either felonies or misdemeanors, or a combination of a felony and a misdemeanor, as defined by OCGA 16-8-14 in addition to or in lieu of any fine which might be imposed, the defendant shall be punished by imprisonment for not less than 30 days or confinement in a 'special alternative incarceration-probation boot camp,' probation detention center, diversion center, or other community correctional facility of the Department of Corrections for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days and, in addition to either such types of confinement, may be required to undergo psychological evaluation and treatment to be paid for by the defendant; and such sentence of imprisonment or confinement shall not be suspended, probated, deferred, or withheld; and

Upon conviction of a fourth or subsequent offense for shoplifting, where the prior convictions are either felonies or misdemeanors, or any combination of felonies and misdemeanors, as defined by OCGA 16-8-14, the defendant commits a felony and shall be punished by imprisonment for not less than one nor more than ten years; and the first year of such sentence shall not be suspended, probated, deferred, or withheld.

A person convicted of the offense of theft by shoplifting, as provided in subsection (a) of this OCGA 16-8-14, when the property which was the subject of the theft exceeds $300.00 in value commits a felony and shall be punished by imprisonment for not less than one nor more than ten years. (Seems like this may have been increased to $500 in the 2011 legislative session although I am not sure the of the effective date.)