From Mistakes to Misunderstandings to Mental Health: A Deep Dive into the Common Reasons People Face Shoplifting Charges in Georgia
Shoplifting is one of the most common criminal charges in Georgia. But it’s often misunderstood. Many people assume shoplifting is always about greed or intentional theft. The truth is far more complicated.
At The Sherman Law Group, we’ve represented hundreds of clients charged with shoplifting — from teenagers and parents to professionals and retirees. In many cases, the reasons behind the arrest are personal, emotional, or even completely accidental.
Understanding why people get arrested for shoplifting is the first step to building a strong legal defense and avoiding life-altering consequences.
This guide explores the top reasons people are arrested for shoplifting in Georgia, the legal definitions under O.C.G.A. § 16-8-14, and what to do if you're facing charges.
1. What Is Shoplifting Under Georgia Law?
Georgia law defines shoplifting in O.C.G.A. § 16-8-14. It goes far beyond simply walking out of a store without paying.
You can be charged with shoplifting in Georgia if you:
- Take merchandise without paying
- Conceal merchandise on your person or in a bag
- Switch price tags or alter price tags
- Move items from one container to another
- Cause the amount paid to be less than the merchant’s stated price
Importantly, you don’t have to leave the store to be arrested. Attempted theft or suspicious behavior caught on camera can lead to charges.
2. Why Do People Get Arrested for Shoplifting?
Now let’s examine the real-world reasons why people from all walks of life get arrested for shoplifting in Georgia.
A. Accidental Theft or Forgetfulness
One of the most common — and most heartbreaking — reasons.
Examples:
- A parent is distracted by their child and forgets to scan an item.
- An elderly person with memory issues puts an item in their bag and walks out.
- A customer uses self-checkout but fails to properly scan all items.
Many people arrested under these circumstances have no intent to steal, but store personnel and prosecutors may still press charges.
B. Mental Health Issues
Mental illness, including anxiety, bipolar disorder, or kleptomania, plays a significant role in many shoplifting arrests.
Kleptomania, in particular, is a recognized psychological disorder characterized by a compulsion to steal, even when there’s no financial motive.
Judges and prosecutors may take this into account, especially with the help of a defense attorney who presents medical documentation or expert testimony.
C. Addiction and Substance Abuse
People suffering from drug or alcohol addiction may shoplift while intoxicated or to support their habit. In some cases, drugs impair judgment and lead to impulsive behavior.
Georgia’s courts sometimes allow first-time offenders with substance issues to enter diversion or accountability courts, but you need experienced legal counsel to access these alternatives.
D. Economic Hardship
Unemployment, eviction, and poverty often drive people to make desperate choices. This includes stealing food, diapers, medication, or clothing.
While economic struggle doesn't excuse theft under the law, it helps explain it — and it can influence how a court views the offense.
E. Peer Pressure or Group Influence
Teens and young adults are particularly susceptible to shoplifting when friends encourage or dare them to do it.
“It was just a joke” or “my friends were doing it” are not legal defenses — but these situations happen more often than most people realize.
F. Impulsive Behavior and Poor Judgment
Many shoplifting arrests stem from split-second decisions. The person may have the money to pay, but for whatever reason — boredom, stress, impulse — they take the risk.
Impulse control issues are common in people with ADHD, depression, or a history of trauma, and can be explored as mitigating factors during legal proceedings.
G. Mistaken Identity or False Accusation
Not everyone who gets arrested for shoplifting actually stole anything.
Common scenarios:
- A shopper is mistakenly accused based on camera footage.
- Someone else placed items in their bag or cart.
- A store loss prevention officer misinterprets normal behavior.
These situations require aggressive legal defense and, often, expert analysis of video surveillance.
3. How Shoplifting Arrests Typically Happen in Georgia
Most shoplifting arrests occur in big box stores like Walmart, Target, or department stores like Macy’s or Kohl’s. Here’s how a typical arrest unfolds:
- Loss prevention (store security) observes suspicious behavior.
- The shopper is stopped before leaving the store.
- Police are called to the scene.
- The individual is arrested, given a citation, or taken to jail.
- The case is referred to the local prosecutor’s office.
Even minor thefts — like stealing a $10 item — can lead to criminal charges.
4. The Consequences of a Shoplifting Arrest in Georgia
Misdemeanor Shoplifting:
- Value under $500
- Up to 12 months in jail
- Fines up to $1,000
- Restitution
- Criminal record
Felony Shoplifting:
- Value over $500
- Up to 10 years in prison
- Higher fines
- Civil penalties from the store
You may also face a civil demand letter, requiring payment of damages regardless of the criminal case outcome.
5. How Stores Handle Shoplifting Accusations
Retail stores in Georgia take shoplifting very seriously. They often have:
- Dedicated loss prevention officers
- Advanced surveillance systems
- Aggressive prosecution policies
Even if you apologize or offer to return the item, store policy may mandate arrest.
Some companies even offer “restorative justice” programs — but only for first-time offenders and often only when pushed by legal counsel.
6. Can You Be Charged with Shoplifting Without Leaving the Store?
Yes. Under Georgia law, concealment or price tag switching — even if you haven’t exited the store — may be enough for an arrest.
Surveillance video showing you placing items in a purse or bag may be used as evidence, even without actual removal from the premises.
7. Shoplifting and Juveniles in Georgia
When minors are charged, their cases usually go to juvenile court, which focuses more on rehabilitation.
However, teens may still face:
- Detention
- Probation
- Fines
- Court-ordered counseling
- Community service
A shoplifting charge, even for a minor, can impact college applications, scholarships, and future employment.
8. First-Time Offender Options in Georgia
For those with no prior criminal record, Georgia offers alternatives to jail, such as:
- Pretrial diversion programs
- Conditional discharge under O.C.G.A. § 16-13-2
- Deferred adjudication
- Dismissal after completing probation terms
These options are not guaranteed and often require skilled legal negotiation.
9. How a Criminal Defense Lawyer Can Help
At The Sherman Law Group, we fight to protect your freedom, reputation, and future.
Here’s how we approach shoplifting defense in Georgia:
- Challenge weak or circumstantial evidence
- Seek dismissal or reduction of charges
- Explore diversion and treatment options
- Handle court appearances and negotiations
- Fight to keep your record clean or sealed
We examine all angles: Did store security follow proper procedures? Is the video evidence clear? Was there intent?
10. Common Myths About Shoplifting Arrests
“If I give the item back, I won’t be arrested.”
False. Most stores prosecute regardless of restitution.
“It’s not a big deal — it was only $20.”
Even small thefts are criminal misdemeanors in Georgia.
“I wasn’t caught in the act, so they can’t charge me.”
They can — and often do — based on video footage or eyewitnesses.
11. How to Protect Yourself After an Arrest
If you or someone you love is arrested for shoplifting in Georgia:
- Do not argue with store personnel or police.
- Do not sign any written confession.
- Do not post about the incident on social media.
- Call a criminal defense attorney immediately.
The sooner you involve a lawyer, the more options you have to avoid jail, a conviction, and long-term consequences.
Shoplifting Arrests Are Complex — So Is the Defense
Shoplifting arrests in Georgia happen for many reasons — some intentional, many not. Whether you made a mistake, were falsely accused, or are struggling with mental health or financial problems, your story matters.
The Georgia shoplifting lawyers at The Sherman Law Group understand that no two cases are alike. We provide aggressive, compassionate legal defense for shoplifting charges in Georgia. Our goal is to protect your rights, your future, and your reputation — and to help you move forward with dignity and strength.
If you’ve been arrested for shoplifting in Georgia, contact The Sherman Law Group today. We’re ready to fight for you.