Petty theft implies an act against property that often sits on the borderline between an administrative offense and a criminal crime. In Georgia, theft is punished under criminal law (Article 177 of the Criminal Code) if the value of the stolen item exceeds 150 GEL. If the amount is less than 150 GEL and the act is not accompanied by aggravating circumstances (e.g., breaking into an apartment or group action), it qualifies as an administrative offense. Although the term "petty theft" sounds minor, improper legal defense can lead to a criminal record, creating serious problems in the future (e.g., when seeking employment or a visa). Petty theft charges often involve shoplifting, stealing mobile phones, or other low-value electronics. The main goal of the defense strategy is to prove that the value of the item does not exceed the critical threshold, or to achieve diversion (termination of the case without a criminal record) in the case of a first offense.
What does Petty Theft Defense service cover?
Lawyers on our platform offer specialized assistance:
- Valuation of the item: Determining the exact market value of the stolen item (considering depreciation). If the value drops below 150 GEL, the criminal case is dropped or moves to administrative proceedings.
- Achieving Diversion: Negotiating with the Prosecutor's Office to use diversion for first-time offenders, leaving the person without a criminal record.
- Refuting aggravating circumstances: Proving there was no "breaking and entering" or other factors that turn petty theft into a serious crime.
- Juvenile Justice: Specialized defense for minors, focused on rehabilitation rather than punishment.
- Restitution and Reconciliation: Negotiating with the victim (e.g., a store), which is often a prerequisite for minimizing the sentence.
Common Situations and Scenarios
Petty theft cases are often related to:
- Supermarket theft: Taking groceries or alcohol without paying.
- Clothing stores: Stealing clothes, often as a "gift" or for personal use.
- Mobile accessories: Stealing chargers, headphones, or cheap phones.
- Pickpocketing: Taking a small amount from a wallet on public transport (Note: Pickpocketing is a serious crime under Article 177 regardless of the amount, so qualification is crucial here).
Georgian Legislation and Legal Framework
Article 177 of the Criminal Code (Theft) and the Code of Administrative Offenses (Petty Theft) apply. The 150 GEL threshold is the main dividing line. However, there are exceptions: if theft is committed by entering an apartment, storage facility, or from a pocket/bag (Article 177, Part 3, d), the amount does not matter, and it is still a criminal offense. The lawyer's role is to defend these nuances of qualification.
Service Delivery Process
The lawyer first checks the valuation act of the item. Stores often list the retail price, whereas legally the cost price or market value (depreciated) is relevant. If the crime is admitted, the lawyer works on diversion, which is the best solution to maintain a "clean" record.
Why choose a specialist on Legal.ge?
Petty theft cases seem simple, but a wrong step can bring a criminal record. On Legal.ge, you will find lawyers who know how to use humane mechanisms of the law and protect you from disproportionate punishment.
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