Understanding the Degrees of Retail Fraud in Michigan and What the Prosecutor Must Prove

Retail fraud, commonly known as shoplifting, encompasses a variety of actions aimed at deceiving or stealing from a retail establishment. Michigan classifies retail fraud into three degrees, each carrying specific penalties and requiring the prosecutor to prove distinct elements.

What is Retail Fraud in Michigan?

Retail fraud involves theft or fraudulent activity in a retail setting, such as altering price tags, failing to pay for merchandise, or returning stolen goods for a refund. Michigan law separates these offenses into first-degree, second-degree, and third-degree retail fraud based on the value of the goods involved and the offender’s prior criminal record.

The Three Degrees of Retail Fraud

Retail Fraud in the First Degree

• Definition: Theft of goods valued at $1,000 or more, or a second offense if the individual has a prior felony theft conviction.
• Penalties:
  • Up to five years in prison.
  • Fines up to $10,000 or three times the value of the stolen property, whichever is greater.

What the Prosecutor Must Prove:

1. The defendant took merchandise or committed fraud while in the store.
2. The merchandise was priced at $1,000 or more.
3. The intent was to deprive the store of its value permanently.

Retail Fraud in the Second Degree

• Definition: Theft of goods valued between $200 and $1,000, or if the offender has prior convictions for theft-related crimes.
• Penalties:
  • Up to one year in jail.
  • Fines up to $2,000 or three times the value of the stolen property.

What the Prosecutor Must Prove:

1. The defendant took merchandise or engaged in fraudulent activity.
2. The merchandise value was between $200 and $1,000.
3. The intent was to steal or defraud the store.

Retail Fraud in the Third Degree

• Definition: Theft of goods valued under $200.
• Penalties:
  • Up to 93 days in jail.
  • Fines up to $500 or three times the value of the stolen property.

What the Prosecutor Must Prove:

1. The defendant took or fraudulently altered goods.
2. The merchandise value was under $200 but greater than $0.
3. The intent was to commit theft or fraud.

Key Factors Prosecutors Must Establish

For a retail fraud conviction, prosecutors must prove the following beyond a reasonable doubt:

• Action: The defendant physically removed or tampered with merchandise.
• Value: The monetary worth of the stolen or altered goods fits the relevant degree of retail fraud.
• Intent: The defendant acted with the intent to steal or defraud the store.

Penalties and Consequences of Retail Fraud in Michigan

A conviction for retail fraud can lead to jail time, fines, and a criminal record that impacts future employment opportunities. Repeat offenses often result in harsher penalties.

Resources for Retail Fraud Defense in Michigan

For more information, you can review the following resources:

• Michigan Penal Code on Retail Fraud: Michigan Legislature Official Website
• Understanding Felony and Misdemeanor Theft in Michigan: Legal Aid Michigan

Contact the Law Office of Julian Poota for Expert Defense

If you’re facing retail fraud charges in Michigan, you need an experienced attorney. The Law Office of Julian Poota provides personalized defense strategies to protect your rights and minimize penalties. Call us today for a free consultation at (888) 399-7979 or submit a contact form.