Aggressive Defense for Theft & Property Crimes

Theft & Property Crimes

Felony Burglary or Misdemeanor Shoplifting: We Fight the Crucial Element of Intent to Save Your Record

Charges involving theft or property crimes—from a simple misdemeanor like shoplifting to a major felony like burglary or robbery—can lead to jail time, mandatory restitution, and a conviction that severely limits future employment and housing opportunities. James E. Kee & Associates understands that the core of almost every theft case is intent. We aggressively challenge the prosecution’s evidence and work to dismantle the crucial element of intent necessary to prove guilt, aiming to protect your record and your future.

Key Theft & Property Crimes Entities We Defend

Georgia law distinguishes between simple theft and more severe property crimes based on the value of the property and the means used to take it. We defend clients against all categories of these charges.

 

Theft by Shoplifting (Misdemeanor & Felony)

Shoplifting ($O.C.G.A. 16-8-14$) is one of the most common theft offenses.

• Focus: Shoplifting can quickly escalate from a misdemeanor (value under $\$500$) to a felony based on the value of the items taken or repeated prior offenses. A felony conviction brings mandatory prison time risks.

• Defense Focus: We aggressively challenge the evidence of intent to steal. Did the client accidentally forget to scan an item? Was the alleged theft caught on grainy camera footage? We scrutinize the testimony of Loss Prevention officers.

 

Burglary & Trespass

• Severity: Burglary ($O.C.G.A. 16-7-1$) is a serious felony that requires proof of intent to commit a crime (usually theft or a felony) upon entering a dwelling, building, or vehicle without authority. Simple criminal trespass is a misdemeanor.

• Defense Focus: We argue lack of intent (the entry was for an innocent reason) or challenge the evidence connecting the defendant to the scene, focusing on the validity of searches, seizure of evidence, and identification procedures.

 

Robbery (Theft with Force/Threats)

• Severity: Robbery is a violent felony ($O.C.G.A. 16-8-40$) involving the use of force, intimidation, or threats to take property. This charge carries serious felony sentencing risks, including mandatory prison terms.

• Defense Focus: Our strategy focuses on challenging the evidence of force or intimidation (often arguing the crime was simple theft, not robbery) and scrutinizing the identification evidence (e.g., eyewitness vs. video).

 

Theft by Taking & Theft by Deception

These cover broader categories of property crimes, such as stealing a vehicle, misapplying property entrusted to you, or fraudulently taking money through deceit. We defend against these charges by challenging the client's authority over the property and the element of fraudulent intent.

Defense Strategies: Challenging Intent and Evidence

Our criminal defense strategy for property crimes centers on disproving the State's central element of the offense: the client's criminal state of mind.

 

Challenging the Element of Intent

The crucial defense for nearly every theft crime is intent. The State must prove the defendant acted with the intention of depriving the rightful owner of the property. We work to show:

• The act was accidental (e.g., forgetting an item in a cart).

• The act was based on a mistake (e.g., believing the item was theirs).

• The act entirely lacked the requisite criminal intent needed to sustain a conviction.

 

 

Reviewing Surveillance and Witness Testimony

We conduct an exhaustive review of all visual evidence (store surveillance, security footage) and aggressively cross-examine witnesses (especially store security and loss prevention personnel) whose testimony is often the sole basis for the arrest. We expose inconsistent statements and procedural errors.

 

Alternative Outcomes (Pre-Trial Diversion)

For eligible first-time misdemeanor offenders, we advocate strongly for Pre-Trial Diversion programs or Conditional Discharge. Successfully completing these programs can lead to the dismissal of the charges and subsequent record restriction (expungement), ensuring your future remains clean.

 

Local Expertise: Metro Atlanta Court Knowledge

Property crimes are handled differently depending on whether they start in Municipal Court or escalate to State or Superior Court. We know the local landscape.

 

Navigating High-Volume Jurisdictions

We understand the procedures and key personnel in the courts that handle the highest volume of these cases, which allows us to advocate efficiently and effectively.

We have extensive experience in:

• Fulton County and City of Atlanta Municipal Courts: Handling most shoplifting, misdemeanor theft, and minor property damage cases.

• Gwinnett County Superior Court: Known for its aggressive prosecution of felony theft and fraud cases.

• DeKalb County: Familiarity with theft by receiving and pawn shop related offenses.

What Damages Can You Recover After a Car Accident in Atlanta?
Why Choose James E Kee

Why Choose James E. Kee & Associates

When your criminal record is at stake, you need a firm dedicated to protecting your reputation.

• Expertise Entity: Our practice is rooted exclusively in criminal litigation, giving us a focused advantage over general practice attorneys in challenging the complex legal definitions and evidence related to theft crimes.

• Record Protection Entity: Our goal is always to pursue outcomes that lead to a clean criminal record, protecting your ability to obtain future housing, employment, and professional licensing.

 

James E. Kee & Associates Legal Services Areas

Call for your initial appointment. Let’s discuss the details of your case.

Customer reviews

Caroline Lagerfelt 1/7/2026

James Kee is an absolutely terrific lawyer… Responded instantly to any phone calls/emails etc promptly, was very reasonably priced and got my case dismissed. I was out of the country, and so was late on my responses which could have led to problems, and he resolved that too for me. I reccomend him strongly. A very pleasant man to work with!

Monee Lawrence 1/6/2026

Attorney Kee was simply terrific!! I contacted him for advice regarding a traffic citation. He was very patient and professional. He thoroughly answered all of my questions and gave me the advice I needed for court. He was such a life saver! I definitely recommend his expertise.

Leah Cote 9/19/2025

James Kee was very helpful in my consultation and provided great advice as to how I should proceed with my case.

Don't Let a Theft Charge Define Your Future. Contact Us for a Confidential Case Review Today

Schedule Your Confidential Case Review Today

A theft conviction is a permanent, damaging mark that can follow you forever. Secure a defense that fights the charge, not just accepts the penalty.