When you’re charged with theft in Georgia, the consequences don’t end in the courtroom. Philip Kim Law was built around defending people in Lawrenceville and Gwinnett County who are facing charges that could define how employers, landlords, and licensing boards see them for years to come. Attorney Philip Kim knows that a conviction carries a label that no fine or probation can erase. Our job is to make sure that label doesn’t become your story and get ahead of the consequences that may come your way.
What Is Considered Theft in Georgia?
If you’ve been accused of theft, you may feel embarrassed, scared about your job, or unsure whether anyone will believe your side.
Maybe you genuinely made a mistake. Maybe you didn’t do what they’re claiming at all. Either way, you deserve someone in your corner who will listen and fight for the best possible outcome.
In Georgia, a theft charge, even a misdemeanor, can affect your career, your housing, and your reputation for years. The most important thing you can do right now is get legal advice before making any decisions about your case.
Understanding Georgia's Theft Charges
Georgia’s theft laws (O.C.G.A. § 16-8-1 et seq.) cover a wide range of conduct. The most common charges include:
- Theft by Taking – Unlawfully taking someone’s property with intent to permanently deprive them of it.
- Theft by Shoplifting – Retail theft in any form.
- Theft by Deception – Obtaining property through false statements or misrepresentation.
- Theft by Receiving Stolen Property – Knowingly possessing or acquiring stolen goods.
Penalties for Theft Misdemeanor vs. Felony
Whether a theft charge is a misdemeanor or felony depends primarily on the value of the property involved:
- Under $1,500 – Misdemeanor, punishable by up to 12 months in jail.
- $1,500 or more – Felony, carrying 1–10 years in prison.
- Theft of a firearm – Always a felony, regardless of value.
- Third shoplifting conviction – Treated as a felony regardless of the amount involved.
Misdemeanor theft cases are handled in Gwinnett County State Court. Felony charges go to Superior Court. The statute of limitations is two years for misdemeanors and four years for most felony theft offenses.
Step by Step
What Happens in a Theft Case
Types of Theft Cases We Handle
in Georgia
Shoplifting
First offense, second offense, and felony-level third offense.
Theft by Taking
High-value property and organized retail crime.
Theft by Deception
Fraud-based taking through false statements or misrepresentation.
Theft by Receiving Stolen Property
Disputed or unknowing possession of stolen goods.
Theft of Services
This is using services, like utilities or accommodations, without compensating the provider, such as leaving a restaurant without paying the bill.
Identity Theft
Using another person’s information to obtain property or financial gain.
Vehicle Theft
Taking or receiving a stolen motor vehicle.
Employee Theft & Embezzlement
Theft by conversion in an employment context.
What Outcomes May Be Possible For Your Case
- Dismissal: When intent cannot be proven, the identification is unreliable, or constitutional violations occurred
- Pre-trial diversion: Complete conditions, case is dismissed, no conviction on your record
- First Offender Act treatment: Complete probation without a formal conviction being entered.
- Conditional discharge: Available for first-time possession-type offenses in certain circumstances
- Reduction to a lesser offense: Reducing a felony to a misdemeanor where value is disputed
- Acquittal at trial: This is an option when the state cannot prove guilt beyond a reasonable doubt
Diversion and First Offender treatment must be requested at the right time. At Philip Kim Law, our seasoned criminal defense lawyers evaluate every option from the first consultation.
What Our Clients Say
Why Choose Philip Kim Law?
Philip Kim Law approaches theft cases with a record-protection focus. A theft conviction carries a stigma that affects employment and housing for years. We fight with the same intensity on a misdemeanor shoplifting case as on a felony theft charge, because the consequences to you are always real.
Local Knowledge
We understand how theft cases move through Gwinnett County’s courts, including the procedures, the prosecutors, and the process from start to finish.
Experience in Georgia Courts
We have handled theft cases across Gwinnett County and understand what the process looks like from the inside.
Familiarity With the System
Every court operates differently. We know how Gwinnett County handles theft cases and what to expect at every stage.
Frequently Asked Questions About Theft Charges in Georgia
View All FAQsWhat if I forgot to pay? Does intent matter?
Yes. Intent to permanently deprive is a required element of most Georgia theft offenses. If you didn’t intend to steal, you forgot, you believed you had permission, or there was a misunderstanding, that is a legitimate defense we pursue.
Can a theft charge be dismissed in Georgia?
Yes, especially for first-time offenders. Pre-trial diversion, conditional discharge, and First Offender treatment can all result in dismissal after conditions are met. We pursue these options when the facts allow.
Can a theft conviction be expunged?
Georgia’s record restriction options are very limited for convictions. Charges that are dismissed may be eligible. This makes pursuing dismissal, rather than accepting a guilty plea, critically important for your long-term future.
What if I was falsely accused of shoplifting?
Mistaken accusations based on faulty surveillance footage or unreliable employee identification are more common than people realize. We scrutinize every piece of identification evidence carefully and are not afraid to take these cases to trial.
Does a theft charge affect professional licenses?
Yes. Georgia licensing boards for nurses, teachers, contractors, financial professionals, and many others take theft convictions seriously. We factor licensing consequences into every defense strategy we develop.
What is the difference between misdemeanor and felony theft?
Primarily the value of the property. Under $1,500 is a misdemeanor, carrying up to 12 months in jail. $1,500 or more is a felony, carrying 1 to 10 years in prison. Prior convictions can escalate the charge, and a third shoplifting conviction is a felony regardless of value.
Don't Let a Theft Charge Follow You for Life — Contact Our Theft Lawyers Today!
A theft conviction labels you as dishonest, and in Georgia, that label is very hard to remove. Philip Kim Law fights theft charges across Gwinnett County because your record and your future are worth defending.
Contact us for a free consultation today and let’s talk about options that are available for your case.
