Facing retail theft charges means that you can be facing a misdemeanor or felony conviction in the state of Michigan. Retail theft, or shoplifting, is known under Michigan law as “retail fraud.” Retail fraud is typically charged when a person is caught stealing an item from a store in Michigan. Depending upon the value of the item stolen, the charges can range from a third-degree misdemeanor offense to retail theft in the first degree, which is a felony offense. The penalties for any retail fraud conviction can be severe.
Not only can a person face a significant financial penalty and the possibility of jail time, but a criminal conviction can affect that person’s ability to obtain a rental property, get certain jobs, and sometimes even be approved for certain lines of credit long after the sentence has been served. As such, it is extremely important to have an experienced retail theft defense lawyer on your side.
At Michigan Defense Law, criminal defense lawyer Paul J. Tafelski and our team of defense lawyers are here to help. Navigating a criminal case can be tough and complex. This is why having a skilled defense attorney is very important.
Call us today at (248) 451-2200 to schedule a consultation.
What are the different elements of each type of retail theft in Michigan? Under MCL 750.356c and MCL750.456d, the following are general retail fraud offenses:
There are other actions that can also constitute retail fraud. For instance, if a person attempts to return an item to a store in exchange for cash when the original item was not paid for, that might constitute retail fraud. As you can see, the different charging levels largely concern the value of the property that was shoplifted. Once a person is alleged to have stolen property worth $1,000 or more, the offense becomes a felony.
Being charged with fraud or theft can be stressful. It’s important to have the guidance of a skilled defense lawyer who can help you navigate the complexities of the justice system.
The most serious retail fraud, or retail theft, charge in Michigan is retail fraud in the first degree (MCL 750.356c). Here is what you need to know:
Retail fraud in the second degree (MCL 750.356d) is still a serious offense, but it is less serious than a first-degree charge. Here is what you need to know:
Retail Fraud in the third degree is the least serious shoplifting offense:
No matter what offense it is, a retail fraud or shoplifting charge carries penalties with it. A third-degree retail fraud might be considered a misdemeanor but it can still cost a fine or even imprisonment. This is why it’s very important to seek the help of a skilled attorney when you or someone you love is facing a theft charge.
Contact us today at (248) 451-2200 to speak with an experienced attorney.
Retail Fraud in the third degree is shoplifting of anything under $200, second degree retail fraud is $200 to $1,000 worth of merchandise. Anything over $1,000 can be a felony and that’s either anything over $1,000 or people with prior offenses that are having an enhanced charge brought against them. That pretty much covers all of the shoplifting charges.
In addition to that, the kind of theft crimes that we usually see is larceny from a building, larceny from an automobile, unlawful driving away of an automobile, breaking and entering with intent to steal, embezzlement or conversion. Those are usually the theft crime felonies we see and they usually start off as felonies.
A conversion is similar to embezzlement but instead, it generally involves property. The person starts off with rightful possession of the property or consent to have the property but then doesn’t give it back. One example may be that you rented a cleaning machine and you took it home but didn’t return it back.
The use of a credit card for financial transactions is also a felony. You also have a situation where someone has a bad check and that’s called Uttering and Publishing which is also a felony. Those are financial fraud-related crimes and oftentimes those crimes can be difficult for the prosecutor to prove to depend upon their evidence. They sometimes provide opportunities for the defense to obtain good results and get the case dismissed.
Since these types of financial transactions are tricky and complicated, seeking the help of an experienced attorney is very important. Theft and fraud charges can be tough to handle alone.
Contact us at (248) 451-2200 to schedule a consultation today.
Yes. Those are sort of theft by deception. More often what we’re talking about with those types of crimes is where it was some sort of a scam; such as a door-to-door scam, or ripping-off old people, or tricking them into giving money when there’s really nothing being provided for the money. Those are usually more of what people are talking about with theft by deception, but all the fraud in theft crimes involve somewhat of an element of deception.
Typically, extortion charges involve threatening somebody with some sort of trouble. For example, “if you don’t give me a $1,000, I am going to turn you in to the police for possession of child pornography” or something that implies they will get in trouble if they do not comply. Such as someone who blackmails and says, “Do what I want or else something bad is going to happen to you”.
Being charged with retail fraud or theft can make a huge impact on someone’s life. It might seem like a minor case but it can be considered a felony depending on the degree of the offense. The justice system can be tough and complicated to face alone. This is why you need an attorney who can help you understand what your options are. If you or someone you love are facing retail theft charges, a Michigan Theft Lawyer can help.