Retail Fraud/Shoplifting Defense

Retail fraud in Michigan is commonly referred to as shoplifting. The crime of retail fraud occurs when a person enters a retail business, open to the public and with intent, steals or attempts to steal items that are for sale. The retail fraud statute makes it a crime to alter, transfer, remove, replace, conceal, or otherwise misrepresent the price at which the property is offered for sale, with intent to not pay for the property or pay less than the price at which the property is offered for sale.

There are three degrees of retail fraud in the state of Michigan. First degree retail fraud MCL 750.356c is the most serious retail theft charge and is a felony. Second and Third degree retail fraud MCL 750.356d are less serious and are misdemeanors. All of which can result in permanent repercussions of having a theft crime on your criminal history.

The value of the property alleged to have been stolen will determine what degree of retail fraud the District Attorney or Prosecutor will charge you with. Misdemeanor 3rd Degree Retail Fraud; the property allegedly stolen from the retail establishment is valued under $200.00 and the penalties include (MCL 750.356d):
- Up to 93 days in the County Jail
- Fines of $500.00 or 3 times the value of the property allegedly stolen

Misdemeanor 2nd Degree Retail Fraud; the property allegedly stolen from the retail establishment is valued between $200.00 - $1,000.00 and the penalties include (MCL 750.356d):
- Up to 1 year in the County Jail
- Fines of $2,000.00 or 3 times the value of the property allegedly stolen

Felony 1st Degree Retail Fraud; the property allegedly stolen from the retail establishment is valued at $1,000.00 or more and the penalties include (MCL 750.356c):
- Up to 5 years imprisonment in the Michigan Department of Corrections (Prison)
- Fines of $10,000.00 or 3 times the value of the property allegedly stolen