Retail fraud, or shoplifting, is one of the most common forms of theft regularly prosecuted in Michigan. People who take items from a retail shop without paying or who alter price tags, barcodes or product labels to pay less than the current retail price for that merchandise could face criminal charges if they get caught in the act.
Although many people mentally associate retail fraud with teenagers, people of all ages may engage in shoplifting. When do Michigan shoplifting offenses become felonies instead of misdemeanor offenses?
When they face a first-degree charge
There are three different degrees of retail fraud in Michigan, and both second-degree and third-degree offenses are misdemeanors. First-degree retail fraud is a felony offense that can lead to up to five years in prison and either $10,000 in fines or a fine of three times the value of the shoplifted merchandise.
Many people face first-degree retail fraud charges because the total value of the stolen property is $1,000 or more. The state can theoretically combine the value of items in separate incidents within a 12-month period to meet the $1,000 threshold for felony prosecution.
Prior criminal convictions can also warrant felony prosecution. Anyone with a prior theft-related conviction, ranging from retail fraud or receiving stolen property to the malicious destruction of property, could face felony retail fraud charges.
Individuals facing retail fraud charges, especially felony charges, may need support as they prepare to respond in criminal court. Reviewing the state allegations and any prior criminal convictions with a retail fraud defense lawyer can help defendants understand their options and pursue the best strategy given their unique circumstances.