Top Rated

Retail Fraud Law Experts

What Is Retail Fraud in Michigan?

Retail fraud in Michigan is defined under MCL 750.356c and includes a wide range of conduct beyond traditional shoplifting. You can be charged with retail fraud for: 

• Taking merchandise without paying
• Altering or switching price tags
• Making false returns or exchanges
• Concealing items with the intent to steal
• Failing to scan items at self-checkout
• Working with others to distract store staff during a theft 1

The severity of the charge depends on the value of the merchandise and your prior criminal history:

• First-Degree Retail Fraud (Felony): Items valued at $1,000 or more, or repeat offenses. Penalty: up to 5 years in prison and/or a fine of up to $10,0002.
• Second-Degree Retail Fraud (Misdemeanor): Items valued between $200 and $1,000. Penalty: up to 1 year in jail.
• Third-Degree Retail Fraud (Misdemeanor): Items valued under $200. Penalty: up to 93 days in jail 1.

Being charged does not mean you are guilty. There are several legal defenses that may apply to your case:

• Lack of intent: You must have intended to steal. Accidental actions or misunderstandings can be a valid defense.
• Mistaken identity: Surveillance footage or eyewitness accounts may be unreliable.
• Improper valuation: If the value of the items is miscalculated, the charge may be reduced.
• Constitutional violations: If your rights were violated during the search, arrest, or questioning, evidence may be suppressed 2.

Even if the evidence is strong, there are ways to reduce the impact of a retail fraud charge:



• Negotiated plea deals: We may be able to reduce a felony to a misdemeanor or secure a delayed sentence.
• First-time offender programs: Michigan offers options like HYTA (Holmes Youthful
• Trainee Act) for those under 24, which can keep the offense off your public record1.
• Restitution and rehabilitation: Courts often consider repayment and participation in counseling or theft awareness programs as signs of rehabilitation. 

Retail fraud charges can be complex, and the stakes are high. A conviction can affect your job, housing, education, and even immigration status. Our experienced defense attorneys will:



• Analyze the evidence and identify weaknesses in the prosecution’s case
• Negotiate with prosecutors for reduced charges or alternative sentencing
• Represent you in court and fight for the best possible outcome 

If you or a loved one is facing retail fraud charges in Michigan, don’t wait. The sooner you speak with a qualified defense attorney, the more options you’ll have. Contact our office today for a confidential consultation and let us help you protect your future.