D.G. Moore is a highly experienced Michigan criminal defense attorney with a proven track record of defending clients accused of theft crimes, including retail fraud. This guide provides an in-depth analysis of Michigan’s laws, penalties, and legal defenses for shoplifting-related offenses.

Understanding Michigan Law: 750.356c and 750.356d Retail Fraud

In Michigan, retail fraud, covered under MCL 750.356c (first degree) and 750.356d (second and third degrees), involves stealing goods or misrepresenting prices with the intent to not pay or pay less, and can be a felony or misdemeanor depending on the value of the stolen property.

What Is Retail Fraud in Michigan?

Retail fraud, commonly known as shoplifting, involves actions where an individual commits retail fraud by stealing, misrepresenting the price of goods, or fraudulently obtaining a refund or exchange from a store while it is open to the public. Under MCL 750.356c and 750.356d, Michigan law classifies retail fraud into three degrees based on the value of the stolen goods and prior convictions.

Types of Retail Fraud Offenses

• Retail Fraud in the First Degree (Felony) – MCL 750.356c
• Theft or fraud involving $1,000 or more in merchandise.
• Can also be charged if the value is between $200 and $1,000 and the defendant has a prior retail fraud conviction.
• An attempted violation involving the same value thresholds can also lead to first-degree charges.
• Retail Fraud in the Second Degree (Misdemeanor) – MCL 750.356d(1)
• Theft or fraud involving merchandise valued between $200 and $1,000.
• Can also be charged if the value is under $200, but the defendant has a prior retail fraud conviction.
• The severity of the charge can be influenced by the defendant’s prior conviction for similar offenses.
• Retail Fraud in the Third Degree (Misdemeanor) – MCL 750.356d(4)
• Theft or fraud involving merchandise valued under $200.

Read the full text of MCL 750.356c – Michigan Legislature.

Read the full text of MCL 750.356d – Michigan Legislature

Common Examples of Retail Fraud

• Shoplifting – Taking an item from a store without paying.
• Price Tag Switching – altering, transferring, or replacing price tags to pay less than the actual price.
• Refund Fraud – Returning stolen or non-purchased merchandise for a refund or exchange.
• Under-Ringing – A cashier intentionally charging less than the listed price for an item.
• Property Obtained or Attempted – Actions involving the theft or attempted theft of merchandise from a store.

Penalties for Retail Fraud in Michigan

Michigan Sentencing Guidelines – Michigan Courts

The penalties are determined based on the value of the property involved in the offense.

Additional Consequences of a Prior Retail Fraud Conviction

A criminal conviction for shoplifting can have long-lasting effects beyond jail time and fines:

• Permanent Criminal Record – A conviction remains on record and may affect job prospects, housing, and financial aid eligibility.
• Employment Issues – Many employers perform background checks, and theft convictions can limit job opportunities.
• Civil Penalties – Michigan law allows retailers to sue shoplifters for damages, including legal fees and penalties. The impact of a prior conviction can further exacerbate these consequences, leading to more severe penalties.
• Immigration Consequences – Non-citizens convicted of retail fraud may face deportation or visa denial. 

Expungement & Criminal Record Relief – Michigan State Police

Defenses Against Retail Fraud Charges

A retail fraud charge does not guarantee a conviction. The right legal strategy can help reduce or dismiss charges by challenging the evidence relevant to the case.

1. Lack of Intent

• The prosecution must prove intent to steal or defraud.
• If the accused forgot to pay or made an honest mistake, it weakens the case.

2. Mistaken Identity

• Retail fraud cases often rely on surveillance footage.
• If the defendant was misidentified, charges can be challenged.

3. Lack of Evidence

• A conviction requires proof beyond a reasonable doubt.
• Weak or unclear video footage or unreliable witness testimony can lead to dismissal.

4. Illegal Search and Seizure

• If law enforcement illegally obtained evidence (e.g., no probable cause for search), the case may be thrown out.

5. False Allegations

• Store employees or loss prevention officers may wrongfully accuse someone due to misunderstandings or bias. 

Know Your Rights – ACLU

Why You Need an Experienced Michigan Criminal Defense Lawyer

Retail fraud charges can lead to severe consequences, including a criminal record, jail time, and financial penalties. D.G. Moore has decades of experience successfully defending clients facing theft charges in Michigan. He will aggressively challenge the prosecution’s case, fight to reduce or dismiss charges, and protect your future.

Don’t risk your freedom. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.

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Frequently Asked Questions

Is First Degree Retail Fraud a Felony in Michigan?

Yes. Retail fraud is a felony if the stolen goods exceed $1,000 or the defendant has prior convictions.

Can You Be Arrested for Changing a Price Tag on Property Obtained or Attempted?

Yes. Altering, transferring, or switching price tags is considered retail fraud, even if no item is physically stolen.

Do You Have to Leave the Store to Be Charged?

No. Even if you are stopped before exiting, you can still be charged if prosecutors prove intent to steal or defraud.

Can Retail Fraud Charges Be Dropped?

Yes. Charges may be dropped or reduced if there is insufficient evidence, mistaken identity, or no criminal intent.

Can Retail Fraud Be Expunged from My Record?

In many cases, first-time offenders may be eligible for expungement after a waiting period.

What Should I Do If I’m Arrested for Retail Fraud?

• Remain silent and do not answer police questions.
• Do not sign anything without an attorney present.
• Contact a criminal defense attorney immediately.