Georgia classifies theft in two separate ways. First, there’s the type of theft, such as theft by taking, theft by deception, theft by conversion, or theft by shoplifting. Second, there’s how serious the charge is, which depends mostly on the value of the property, the type of property, and whether you have prior convictions. That’s why shoplifting and felony theft aren’t opposites. Shoplifting is a type of theft, and depending on the facts, it can be either a misdemeanor or a felony.
At The Ozer Law Firm, attorney Jennifer L. Ozer helps people throughout the Savannah area make sense of theft charges and explore their options. Contact The Ozer Law Firm at (305) 788-0187 for a free consultation.
Most Georgia theft offenses, including theft by taking, deception, and conversion, are defined in O.C.G.A. §§ 16-8-2 through 16-8-9 and share one penalty statute, O.C.G.A. § 16-8-12. Under that statute, theft is punished as a misdemeanor unless a specific exception applies, such as higher property value, certain types of property, or prior theft convictions.
Shoplifting is different. It has its own statute, O.C.G.A. § 16-8-14, with a lower felony threshold and separate repeat offense rules.
Georgia law recognizes several kinds of theft, each defined by how the property was obtained.
Under O.C.G.A. § 16-8-2, theft by taking occurs when someone unlawfully takes another person’s property, or unlawfully keeps property they lawfully had, intending to deprive the owner of it.
Theft by deception involves obtaining property through lies or tricks. This generally includes creating or reinforcing a false impression, preventing someone from learning important information, or promising something the person doesn’t intend to deliver.
A common example is accepting payment for work, such as a home repair, with no intention of doing the job. Failing to complete the work, by itself, is not enough to establish theft by deception.
Theft by conversion occurs when someone lawfully receives another person’s money or property under an agreement or known legal obligation, then knowingly converts it to their own use in violation of that obligation.
Examples may include using money specifically entrusted for materials to pay personal expenses, or knowingly keeping rented equipment for personal use in violation of the rental agreement.
Shoplifting covers more than walking out of a store without paying. Under O.C.G.A. § 16-8-14, it can include concealing or taking possession of merchandise, altering or switching price tags, transferring merchandise between containers, or wrongfully paying less than the stated price.
These acts must involve an intent to take merchandise without paying or to deprive the owner of its possession or value, in whole or in part. A person does not have to leave the store for the conduct to qualify as shoplifting.
For theft offenses covered by O.C.G.A. § 16-8-12, these value based penalties generally apply unless another provision changes the punishment:
| Value of Property | Classification | Possible Penalty |
| $1,500 or less | Misdemeanor | Up to 12 months in jail, a fine of up to $1,000, or both |
| $1,500.01 to less than $5,000 | Felony range | 1 to 5 years, or punished as a misdemeanor at the judge’s discretion |
| $5,000 to less than $25,000 | Felony range | 1 to 10 years, or punished as a misdemeanor at the judge’s discretion |
| More than $24,999.99 | Felony range | 2 to 20 years |
Certain exceptions can make a theft more serious regardless of value. A third or subsequent conviction under O.C.G.A. §§ 16-8-2 through 16-8-9, following two qualifying prior convictions, carries a felony sentencing range of one to five years, although the judge may impose misdemeanor punishment. Theft of a firearm, explosive, or destructive device carries one to 10 years regardless of value, increasing to five to 10 years for a second or subsequent conviction under that provision.
Unsure which penalties apply to your charge? Contact The Ozer Law Firm at (305) 788-0187 for a free consultation.
Shoplifting has a much lower felony threshold than general theft. Value is measured by the item’s actual retail price at the time and place of the offense.
For a first offense involving a single incident, shoplifting merchandise worth $500 or less is generally a misdemeanor. Merchandise worth more than $500 triggers a felony sentencing range of one to 10 years.
Prior shoplifting convictions increase the penalties even when the value is $500 or less. A second conviction requires a fine of at least $500 that can’t be suspended or probated.
A third conviction requires at least 30 days in jail or 120 days in a qualifying correctional facility or on monitored house arrest. That imprisonment or confinement cannot be suspended, probated, deferred, or withheld.
A fourth or subsequent conviction is a felony punishable by one to 10 years, regardless of value. The first year generally cannot be suspended, probated, deferred, or withheld, although the court may approve a lower sentence agreed to by the prosecution and defendant. For this fourth-offense rule, a prior plea of no contest counts as a conviction.
Multiple incidents can also be combined. Shoplifting becomes a felony when items are taken from three separate stores in one county within seven days and the total value exceeds $500. It’s also a felony when items are taken over a period of 180 days and the total value exceeds $500.
The evidence often decides both whether the State can prove a theft and how it’s classified. Important evidence can include:
Inflated values, unclear video, or a misunderstanding about ownership or an agreement can all affect how a case is charged or resolved.
A theft charge can feel overwhelming, especially when you’re not sure whether you’re facing a misdemeanor or a felony. Since 2015, attorney Jennifer L. Ozer has represented people dealing with criminal offenses throughout Savannah, Chatham County, and the surrounding communities. She takes the time to listen to your side of the story, explains each step in plain language, and helps you understand your options.
Jennifer examines how the State calculated value, whether the right statute was charged, and whether the evidence supports the claimed intent. She combines caring communication with determined advocacy, whether your case resolves through negotiation or goes to trial. No outcome can be guaranteed, but early guidance can make a meaningful difference.
Contact The Ozer Law Firm at (305) 788-0187 for a free consultation.
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