Practice areas Theft and burglary
Cobb County Theft Lawyer
A theft charge can be a misdemeanor or a felony depending on the value involved and the circumstances, and a conviction can follow you well beyond the courtroom. It can show up on background checks and affect your job prospects for years. Getting an experienced defense attorney involved early gives you more options.
Free, confidential consultations. Payment plans available.

Theft Charges We Defend
- Shoplifting
- Theft by taking
- Theft by receiving stolen property
- Theft by deception
- Theft by conversion
- Burglary
Misdemeanor or Felony?
Marietta, Ga. Whether a theft is charged as a misdemeanor or a felony usually depends on the value of the property and your prior record. Repeat shoplifting offenses can become felonies even when the amount is small, and a felony theft conviction can mean prison time and a permanent record.
Protecting Your Record
Many first-time theft cases may be eligible for pretrial diversion or First Offender treatment, which can keep a conviction off your record once completed. Eligibility depends on the charge and your history, so it is worth discussing before your first court date.
What a Theft Charge Can Mean in Georgia
Ranges set by Georgia law. Repeat offenses carry heavier penalties. Every case is different.
| Theft of $1,500 or less | Misdemeanor: up to 12 months and a $1,000 fine |
| $1,500.01 to $5,000 | Felony: 1 to 5 years |
| $5,000.01 to $25,000 | Felony: 1 to 10 years |
| More than $25,000 | Felony: 1 to 20 years |
| Burglary, first degree | 1 to 20 years for a first conviction |
| Burglary, second degree | 1 to 5 years for a first conviction |
How Austin Checks the State’s Story
Before law school, Austin Nelson was a newspaper journalist and editor. He reads a police report the way an editor reads a story: looking for what is missing.
- Was there intent? Forgetting an item in a cart is not theft. The State must prove you meant to take it.
- What was it worth? Value decides the charge. We challenge inflated numbers and how they were calculated.
- What does the video show? Store and doorbell footage is often unclear or incomplete. We review all of it, not just the clip police kept.
- Is there a way to keep your record clean? First Offender, diversion and restitution can resolve many cases without a conviction.
Theft Frequently Asked Questions
The store sent me a letter demanding money. Should I pay it?
Georgia law allows stores to demand a civil penalty that is separate from the criminal case. Paying the demand does not end the criminal charge. Talk with an attorney before you respond.
Can a theft charge be dismissed?
Sometimes. Depending on the evidence and your history, a case may be dismissed, reduced or resolved through a diversion program. An attorney can review the evidence and explain your options.
Will a theft charge show up on background checks?
Arrests and charges can appear. A dismissal or completed First Offender sentence often allows the record to be restricted from most private background checks.
Is shoplifting a felony in Georgia?
It can be. Shoplifting is a felony when the property is worth more than $500 or when it is a fourth offense.
How much does a consultation cost?
Nothing. Consultations are free and confidential, and payment plans are available.
Talk to a Cobb County Defense Attorney Today
Consultations are free and confidential. Payment plans available.
