Retail Fraud & Shoplifting Defense

Retail fraud, Michigan’s term for shoplifting, is one of the most commonly charged crimes in the state. It can happen to people from all walks of life: a moment of poor judgment, a stressful day, a misunderstanding at self-checkout, or in some cases a false accusation by an overzealous loss prevention officer. Regardless of the circumstances, a retail fraud conviction carries real consequences, including a criminal record that follows you on job applications, housing applications, and background checks. The good news is that these cases are often highly defensible, and favorable outcomes are regularly achievable.

Michigan Retail Fraud Charges We Handle

• Retail Fraud Third Degree: MCL 750.356c; property value under $200; 93-day misdemeanor
• Retail Fraud Second Degree: MCL 750.356d; property value $200 to $1,000; 1-year misdemeanor
• Retail Fraud First Degree: MCL 750.356c; property value over $1,000; felony, up to 5 years in prison
• Price Tag Switching: altering, transferring, or removing a price tag to pay less; charged as retail fraud
• Receipt Fraud / Return Fraud: returning merchandise with a fraudulent receipt or returning items not purchased from that retailer
• Organized Retail Crime: MCL 750.360a; coordinated retail theft involving two or more people; enhanced penalties
• Retail Fraud with a Prior Conviction: a prior retail fraud conviction can elevate the current charge by one degree regardless of the current amount

How Michigan Retail Fraud Law Works

Under Michigan’s retail fraud statutes (MCL 750.356c and 750.356d), the offense covers: taking merchandise without paying; altering price tags; and fraudulent returns. The severity of the charge turns entirely on the value of the merchandise involved. At $200 it crosses from a 93-day to a 1-year misdemeanor; at $1,000 it becomes a felony. Critically, a prior retail fraud conviction, regardless of how old, can elevate the current charge by one full degree: a second-offense $100 theft becomes a 1-year misdemeanor instead of a 93-day one.

Retail stores routinely prosecute rather than handling incidents internally, particularly larger chains. Loss prevention personnel are trained to document incidents and cooperate with police. The prosecution’s evidence typically includes surveillance footage, loss prevention reports, and receipts, all of which must be carefully evaluated.

Common Defenses

Mistake or lack of intent: Retail fraud requires intentional taking or deception. Accidentally walking out with an item, forgetting to scan something at self-checkout, or genuinely believing an item was paid for defeats the intent element. These are more common than prosecutors acknowledge.

Challenging the value: The value of the merchandise determines the severity of the charge. The prosecution must use the retail value, but that figure can be contested if the store’s claimed value is inflated or the merchandise was marked down.

Video and evidence challenges: Loss prevention footage does not always show what it appears to show. Camera angles, editing, and the absence of footage from key moments all matter. The loss prevention report, often written by a non-neutral party with a stake in prosecution, should be scrutinized carefully.

Diversion programs: For first-time offenders, many Michigan courts offer diversion arrangements that result in dismissal upon completion of community service, a theft awareness program, or other conditions. These options require an attorney to negotiate but are routinely available for clients who qualify.

How Chris Approaches Retail Fraud Cases

Chris reviews the store’s surveillance footage, the loss prevention report, and the specific facts of how the merchandise was allegedly taken before forming a strategy. Many retail fraud cases have meaningful defenses or diversion options that first-time defendants would never identify on their own. His goal in every case is the best available outcome, whether that means a dismissal, a diversion, a reduction to a non-criminal charge, or a contest of the facts at trial.