Rahheem Peake, a 36-year-old man, was arrested last week on eight felony shoplifting charges after allegedly stealing $10,000 worth of items from a Home Depot in Gwinnett County.
According to the investigations, Peake allegedly shoplifted from the store on sixteen different occasions. The incidents occurred from last November to this March.
Shoplifting is a specific type of theft crime in Georgia. As a Georgia Criminal Defense Lawyer, I will outline the law behind shoplifting as well as the various penalties if convicted.
Shoplifting in Georgia
Shoplifting in Georgia is defined by Georgia Law in O.C.G.A. § 16-8-14 as:
Performing certain actions with the intent of taking merchandise without paying for it or depriving the owner of possession of the merchandise or its value.
The most common way shoplifting occurs is when one walks out of a store without paying for the items. However, there are many other ways shoplifting can ensue. The law outlines five examples of shoplifting. These could be completed as a whole or just in part to be guilty of shoplifting: concealing or taking possession of merchandise of any store, altering price tags, switching price tags, wrongfully causing the amount to be paid to be lower than it is supposed to, or moving merchandise into a different container.
The value of the stolen item is relevant only for distinguishing between a misdemeanor and a felony. The value of the stolen property will be determined by the retail price of the item.
The penalty depends the amount stolen and the number of convictions.
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Shoplifting property with a total value of $500 or less |
Classified as a misdemeanor and a fine up to $1,000.00 and/or up to one year in jail |
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A 2nd conviction for Shoplifting property with a total value of $500 or less. (The first conviction could either be a felony or misdemeanor) |
Classified as a misdemeanor with a mandatory minimum fine of $500 and possibly a prison sentence |
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Shoplifting property with two prior convictions of shoplifting (either misdemeanor or felony) with a value of $500 or less |
Classified as a misdemeanor. The Court will impose a fine and the accused will be punished by a prison term for no less than 30 days or confinement in a probation detention center, diversion program, or another program for a period of 120 days or shall be sentenced to monitored house arrest for a period of 120 days, and could be required to undergo psychological evaluation |
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Shoplifting property valued at less than $500 with three prior convictions of shoplifting (either misdemeanor or felony) |
Classified as a felony with fines at the court discretion. Jail time between one and ten years with the first year mandatory |
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Shoplifting property with a total value of more than $500 |
Classified as a felony with fines at the court's discretion and between one to ten years in jail |
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Shoplifting property from three separate stores within one county during a period of seven days or less, and property from each store exceeds $100 in value |
Classified as a felony with fines at the court's discretion and between one to ten years in jail. |
If you or a loved one has bee arrested for a crime in Georgia, contact our offices today.
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