What Happens If You’re Charged with Retail Fraud?

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Learn more about Michigan retail fraud.

Retail fraud is one of the most prevalent criminal offenses in Michigan’s criminal justice system. Shoplifters are getting caught more frequently as stores use advanced surveillance systems and high-tech tracking systems, making it far more difficult for the average person to refute these claims.

To make things a bit worse, law enforcement agencies are under pressure from tax-paying business owners to pursue cases vigorously. If you’ve been charged with retail fraud, you must understand that there is still hope and that all retail fraud allegations are defendable.

Michigan Retail Fraud Defined

Under Michigan law, a retail fraud accusation in Michigan can be either a felony or a misdemeanor. A retail fraud case in Michigan may be quite challenging. It is critical to consult with a retail fraud lawyer to understand your alternatives. A skilled criminal defense attorney might be the difference between a criminal conviction and a clean criminal record.

Retail fraud happens when a person purposefully commits one of the following acts in a retail store:

alters, transfers, replaces, hides, or otherwise misconstrues the price of an item to avoid paying for it or to pay less than the real price; or
steals a retail item; or
with the intent to deceive, obtain, or try to collect money or store goods as a refund or replacement for goods not purchased from that establishment

The criminal sanctions for Michigan retail fraud vary according to the degree of retail fraud prosecuted under the penal code. As a result, there are several variables to consider when determining what sentence you would receive if convicted of retail fraud charges under Michigan law.

Criminal Sanctions for Michigan Retail Fraud

In Michigan, there are three degrees of retail fraud based on the amount of the product stolen and a person’s past criminal record.

1st degree retail fraud is a felony offense punishable by up to 5 years of imprisonment and/or a $10,000 fine (or three times the value of the stolen goods). 1st degree retail fraud can be charged in the following situations:

The stolen goods being sold are worth $1,000 or more; or
The stolen goods being sold are worth $200 or more but less than $1,000, and the offender has a prior retail fraud record.

2nd degree retail fraud is a misdemeanor offense punishable by up to 1 year of imprisonment and/or a $2,000 fine (or three times the value of the stolen goods). 2nd degree retail fraud can be charged in the following situations:

The stolen goods are worth $200 or more but less than $1,000; or
The stolen goods are worth less than $200, but the offender has a prior retail fraud record.

3rd degree retail fraud is a misdemeanor offense punishable by up to 93 days of imprisonment, a $500 fine (or three times the value of the stolen goods), and possible probation. 3rd degree retail fraud is charged when the value of the stolen item being sold is less than $200 and the offender has no previous retail fraud convictions.

Choose the Best Lawyer for Your Michigan Retail Fraud Case

If you are charged with retail fraud by the authorities, hiring a criminal defense attorney will help guarantee that your rights are protected during this process. Contact Goldman & Associates today or schedule an appointment to discuss how we can help you fight these allegations.