Areas of Practice
Retail Fraud – Shoplifting
Retail fraud, also known as “shoplifting” can be a misdemeanor or felony, depending on the value of the stolen property and involve serious penalties.
Retail fraud occurs when a person does any of the following from a store:
Alters, transfers, removes and replaces, conceals, or misrepresents the price of an item offered for sale with the intent of not paying for the item or to pay less than the price offered.
- Third Degree – Resulting difference in price is less than $200.00
- Second Degree – Resulting difference in price more than $200.00 and less than $1,000.00
- First Degree – Resulting difference in price is more than $1,000.00
Steals property from the store that is offered for sale.
- Third Degree – At a price less than $200.00
- Second Degree – At a price more than $200.00 and less than $1,000.00
- First Degree – At a price more than $1,000.00
Obtains or attempts to obtain money or property as a refund/exchange that was not paid for, with intent to defraud.
- Third Degree – Value is less than $200.00
- Second Degree – Value is more than $200.00 and less than $1,000.00
- First Degree – Value is more than $1,000.00
Penalties
Third Degree Retail Fraud (misdemeanor)
- Up to 93 days in jail
- A fine of not more than $500 or 3 times the property value
Second Degree Retail Fraud (misdemeanor)
- Up to 1 year in jail
- A fine of not more than $2,000 or 3 times the property value
First Degree Retail Fraud (felony)
- Up to 5 years imprisonment
- A fine of not more than $10,000 or 3 times the property value