Can You Be Arrested for Accidentally Stealing Something?

While you can be arrested for accidentally stealing something in Georgia, the charge is unlikely to hold. For the charge of theft to apply in the state, the accused must have intended to steal the item, and if you accidentally walked out of a store with something in your hand, for example, the element of intent doesn’t apply. Facing a criminal charge is, nonetheless, a serious matter, and you’re well advised to work closely with an experienced Forsyth County criminal defense attorney from the outset.

Explaining Your Honest Mistake

We all make mistakes, and most of us have – at one point or another – left a store only to arrive home and realize that we either paid for something we forgot to take or took something we forgot to pay for. It happens, and if you are accused of shoplifting by a retail establishment as a result, simply explaining that you made an honest mistake may be all it takes to rectify the situation.

If, however, the store chooses to press charges, it’s a more serious concern. At this point, it’s time to consult with a practiced criminal defense lawyer.

Proving Intent

The matter of proving your intent to steal the item in question lies with the prosecution, and it can be very difficult to achieve, especially when the act was nothing more than an accident. Your diligent criminal defense attorney will compile the evidence necessary to prove your assertion that you inadvertently took the item in question, emphasizing that you weren’t aware you hadn’t paid for it or weren’t aware that you’d grabbed it in the first place.

The Charge of Theft in Georgia

Theft charges in Georgia are based on the value of the stolen item or items and on whether or not the offense is a first. This breaks down as follows:

• If the total value of the stolen goods is less than $1,500, the charge is a misdemeanor, which can carry up to a year in jail and fines of up to $1,000. 
• If the total value of the stolen goods is more than $1,500 but less than $25,000, it’s what’s known as a wobbler offense, which means the judge has the discretion to impose a misdemeanor or a felony sentence that comes with prison time. 
• If the total value of the stolen goods exceeds $25,000, the charge is always a felony.

When it comes to accidentally stealing something, the value is generally less than $1,500, which means the charge, if one is forthcoming, is a misdemeanor. A conviction for a misdemeanor, however, carries serious consequences that can derail your future, which makes bringing your strongest defense key. 

Discuss Your Case with an Experienced Forsyth County Criminal Defense Lawyer Today

The formidable criminal defense attorneys at Banks, Stubbs & McFarland – proudly serving Forsyth County, Georgia – welcome the opportunity to fiercely defend you in the face of a theft charge and have the experience and legal insight to make a serious difference in the outcome of your case. Learn more by contacting us online or calling us at (770) 887-1209 today.