Michigan Retail Fraud – What Defendants Need to Know
If you have been arrested for shoplifting, it can be a major crime depending on whether it is a misdemeanor or a felony you are being charged with. More often than not, this will depend on how much the stolen item is worth. The most common types of retail fraud consist of (1) stealing, (2) shoplifting, (3) price fixing, and (4) changing price tags.
For more information about the Michigan Retail Fraud laws and to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
Here are the item property values and the charges effective in the state of Michigan under the Michigan Retail Fraud Law:
|
Value of Item or Money Stolen |
Retail Fraud Charges to Apply
|
| - Less than $200.00 | - You will be charged with a misdemeanor. - This is called “third degree” retail fraud.
- Penalty: maximum of 93 days jail time, AND/OR maximum fine of $500.00 or three times the value of stolen property (whichever is more) |
| - Over $200.00, but less than $1,000.00 | - You will be charged with a misdemeanor.- This is called “second degree” retail fraud.
- Penalty: maximum of 1 year jail time, AND/OR maximum fine of $2,000.00 or three times the value of stolen property (whichever is greater) |
| - Over $1,000.00, but less than $20,000.00 | - You will be charged with a felony. - This is called “first degree” retail fraud.
- Penalty: maximum of 5 years jail time, AND/OR maximum fine of not more than $10,000.00 or three times the value of stolen property (whichever is more) |
| - Over $20,000.00 | - You will be charged with a felony. - Penalty: maximum of 5 years jail time, AND/OR maximum fine of not more than $15,000.00 or three times the value of stolen property (whichever is more) |
Under the Michigan Retail Fraud law, however, for an offense to be deemed as 1st degree retail fraud, at least one of the following conditions must be satisfied:
- An item is removed and replaced, transferred, or altered by the offender, with the intent not to pay for the item or pay for it at a price lower than that at which it is offered for sale, or he has otherwise misrepresented the price value at which the item is being offered for sale. Note that this must have happened while the store is open to the public, and the resulting difference in price is greater than or equal to $1,000.00.
- The offender steals from a store any item being offered for sale worth $1,000.00 or more, while the store is open to the public.
- The offender obtains, or tries to obtain any item or money from a store (with the intent to defraud) as an exchange or as a refund for an item that was not paid for AND belongs to the store, if the value of the item or money obtained or tried to be obtained is greater than or equal to $1,000.00
For second degree retail fraud, the same conditions apply only that instead of $1,000.00, the value would be at least $200.00, but less than $1,000.00. The same thing goes for third degree retail fraud, only that the value is any amount less than $200.00.
Under the Michigan Retail Fraud law, retail fraud requires evidence that the offender took the item or money intentionally, that is, with the intent to steal, and not accidentally.
It is important to note, however, that the store owner or a store employee cannot accuse the suspect out loud in front of other people. During questioning, he must not be rude and foul language must not be used. This is because if the suspect was proven innocent, he can charge the owner with causing emotional distress and defamation. Also, the store owner may choose to seek civil remedies from the parents or guardians of the offender if the offender is a minor, in lieu of criminal examination.
For more information about the Michigan Retail Fraud laws and to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
