Shoplifting, which Michigan criminal statutes describe as “retail fraud,” is a serious theft offense, and a conviction could result in substantial penalties, including jail time. If you were charged with shoplifting in Michigan, you will need experienced and aggressive legal representation to beat the shoplifting charges.
Elmen Legal can defend you against shoplifting charges in Michigan. Retail fraud defense attorney Robert Elmen will carefully investigate the charges against you and mount an aggressive defense designed to minimize the likelihood and severity of a conviction.
Understanding Michigan Shoplifting Charges
Someone who steals from a store or attempts to steal from a store can be charged with shoplifting. Michigan’s retail fraud statute identifies three degrees of shoplifting, based on the value of the item.
First-Degree Shoplifting
First-degree retail fraud occurs when a person:
Alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price of an item with the intent to not pay for the item or to pay less than the actual price, and the resulting price difference is over $1,000.
Steals an item priced at $1,000 or more from a store.
With intent to defraud, obtains or attempts to obtain money or store property as a refund or exchange for property that was not paid for and belongs to that store, if the amount of money or price of property to be obtained is $1,000 or more.
Second-Degree Shoplifting
Second-degree retail fraud occurs when a person:
Alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price of an item with the intent to not pay for the item or to pay less than the actual price, and the resulting price difference is between $200 and $1,000.
Steals an item priced between $200 and $1,000 from a store.
With intent to defraud, obtains or attempts to obtain money or store property as a refund or exchange for property that was not paid for and belongs to that store, if the amount of money or price of property to be obtained is between $200 and $1,000.
Third-Degree Shoplifting
Third-degree retail fraud occurs when a person:
Alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price of an item with the intent to not pay for the item or to pay less than the actual price, and the resulting price difference is less than $200.
Steals an item priced at less than $200 from a store.
With intent to defraud, obtains or attempts to obtain money or store property as a refund or exchange for property that was not paid for and belongs to that store, if the amount of money or price of property to be obtained is less than $200.
Penalties for Shoplifting
Under Michigan’s retail fraud statute, the penalties for shoplifting are as follows:
First-degree retail fraud is a felony, punishable by up to 5 years in prison and a fine of $10,000 or three times the value of the stolen property, whichever is greater.
Second-degree retail fraud is a misdemeanor punishable by up to 1 year in jail and a fine of up to $2,000 or three times the value of the stolen property, whichever is greater.
Third-degree retail fraud is a misdemeanor punishable by up to 93 days in jail and a fine of up to $500 or three times the value of the stolen property, whichever is greater.
How to Beat a Shoplifting Charge in Michigan
To prove a case of retail fraud, the prosecutor must prove:
The defendant took property;
The property was offered for sale to the public; and
The defendant intended to steal the property.
“Taking property” is broadly defined and can even apply if the defendant moved the property within the store with the intent to steal it. The defendant does not need to have exited or attempted to exit the store to be charged with and convicted of shoplifting. Instead, the prosecutor only needs to prove the defendant intended to steal the property.
To beat a shoplifting charge in Michigan, a defendant can claim:
Lack of intent
Duress
Necessity
Mistaken identity
Improper attribution of value
Innocence
What To Do If You Were Charged with Retail Fraud in Michigan
Shoplifting charges are serious, but an experienced retail fraud defense attorney may be able to reduce the severity of the charges or the seriousness of the penalties, or avoid a conviction altogether.
To give yourself the best chance of beating a shoplifting charge in Michigan:
Do not talk to the police, the store’s loss prevention officers, or anyone other than your lawyer about the charges.
Do not try to return the property or pay restitution until you have discussed the case with your attorney and they tell you to do so.
Do not return to the store until your lawyer tells you it is okay to do so.
Write a letter to your lawyer describing the details of the incident.
Keep any documents you receive related to the retail fraud allegations.
Contact Elmen Legal for Aggressive Defense Against Shoplifting Charges
If you were charged with retail fraud in Michigan, you need experienced legal representation. Michigan criminal defense attorney Robert Elmen has extensive experience defending people accused of shoplifting and other theft offenses in Michigan. Based in Ann Arbor, Elmen Legal proudly defends people accused of crimes in Saline, Pittsfield Township, Chelsea, and Ypsilanti, and in Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.
Admitted to practice law in 2014, Ann Arbor criminal defense attorney Robert Elmen defends people accused of crimes such as assault and battery, domestic violence, sex crimes, drug crimes, and drunk driving / OWI / DUI. His caring approach towards his clients sets him apart from other lawyers as he recognizes that people come to him during their darkest hours, looking for help, and for hope. Robert is a student of Brazilian Jiu-Jitsu, and draws on his martial arts training to help himself and his clients remain calm in the face of what may seem like insurmountable odds.
Robert was able to help me get my driver’s license back. It was a relief to have the matter resolved by a professional in a timely manner. 5 stars, would recommend.
