Michigan Retail Fraud Lawyers
MICHIGAN RETAIL FRAUD CHARGES
Don’t let a Michigan retail fraud conviction impact your career, your reputation and peace of mind. The key to minimizing the impact of a retail fraud arrest is working out a resolution that keeps the conviction off of your criminal record or amended to a charge that doesn’t involve fraud.
Attorney Jeffrey Buehner is a former Oakland County Prosecutor who has worked in Michigan’s criminal justice system for over 29 years. He knows how to present a retail fraud case to both prosecutors and judges in a way that maximizes your likelihood of keeping a first offense retail fraud charge from becoming a part of your criminal record.
If you’ve been charged with misdemeanor or felony Michigan retail fraud, give us a call for a consultation with an experienced Michigan retail fraud defense lawyer. Call (248) 865-9640 or fill out our Consultation form. Let him help you put this incident behind you so that you can move on with your life.
Help Understanding Michigan Retail Fraud
Most people who have been charged with first offense Michigan retail fraud (also commonly known as ‘shoplifting’) simply made one bad judgment. They’d do just about anything to take back that decision. The embarrassment of being caught and detained by store security is more than enough punishment.
Nevertheless, Michigan retail fraud is a crime – a crime that can truly damage your current and future employment prospects. It’s important to recognize that being arrested for retail fraud is a crime, no matter how insignificant the act of shoplifting.
During his time in court, Jeffrey Buehner’s proficiency as a retail fraud lawyer has resulted in positive results in many cases. Using his over 29 years of experience in this area of law, Michigan Retail Fraud Lawyer Jeffrey Buehner will always work to minimize the impact a Retail Fraud charge will have on your future.
Under his counsel, alternatives to jail time, case dismissals, and reduced charges are regularly reached. Let our team and Retail Fraud Lawyer Jeffrey Buehner help you understand Michigan retail fraud as well as find the best possible result for your difficult situation.
What Is Michigan Retail Fraud?
Many are surprised to find out that retail fraud can include various criminal acts. That’s why it’s important to examine how Michigan law defines retail fraud in order to know how to handle charges.
Michigan Penal Codes 750.356c and 750.356d makes it abundantly clear what retail fraud is, along with what penalties can be used as punishment.
According to these laws, retail fraud occurs when a person intentionally does one of the following acts while in a store that is open to the public:
- Alters, transfers, removes and replaces, conceals, or in any other way misrepresents the price of an item with the intent to not pay for the item or to pay less than the actual price
- Steals property of the store that is offered for sale
- With intent to defraud, obtains or attempts to obtain money or store property as a refund or exchange for property that was not paid for and belongs to that store.
Understanding what the definition of retail fraud is according to Michigan law can be one of the most important steps when it comes to handling retail fraud accusations.
Types of Michigan Retail Fraud
Since retail fraud in Michigan generally involves acts intended to deceive or steal from a retail establishment, there can be a number of different degrees of this crime.
Michigan law classifies retail fraud into first, second, and third-degree offenses. These separations are based on the value of the merchandise involved, as well as the offender’s history.
Common examples include shoplifting, price switching, returning stolen merchandise for a refund, or attempting to defeat security measures.
First-Degree Michigan Retail Fraud
First-degree retail fraud is the most serious retail fraud charge in Michigan.
It occurs when a person does any of the following:
- Steals merchandise valued at $1,000 or more.
- Alters or misrepresents a price tag to avoid paying at least $1,000.
- Fraudulently exchanges or returns stolen goods valued at $1,000 or more.
Penalties:
- Classified as a felony
- Punishable by up to five years in prison
- Fines up to $10,000 or three times the value of the stolen property, whichever is greater
Example:
A man enters an electronics store and attempts to walk out with a laptop valued at $1,200 without paying. However, he is caught by security. Because the value of the item exceeds $1,000, he is charged with first-degree retail fraud.
Second-Degree Michigan Retail Fraud
Second-degree retail fraud occurs when a person:
- Steals merchandise valued between $200 and $999.
- Alters or misrepresents a price tag to avoid paying at least $200 but less than $1,000.
- Fraudulently exchanges or returns stolen goods valued between $200 and $999.
Penalties:
- Classified as a misdemeanor.
- Punishable by up to one year in jail.
- Fines up to $2,000 or three times the value of the stolen property.
Example:
A man switches price tags on a jacket, replacing the $300 price tag with a tag that reads $50. Even though he successfully checks out, store employees later review security footage and detect the fraud. Since the stolen value falls between $200 and $999, that man would face second-degree retail fraud charges.
Third-Degree Michigan Retail Fraud
Even though third-degree retail fraud is the least severe form of retail fraud, it is still a criminal offense. It involves:
- Stealing merchandise valued under $200.
- Altering or misrepresenting a price tag to avoid paying less than $200.
- Fraudulently exchanging or returning stolen goods valued under $200.
Penalties:
- Classified as a misdemeanor.
- Punishable by up to 93 days in jail.
- Fines up to $500 or three times the value of the stolen property.
Example:
A woman visits a convenience store and puts a few beauty products worth $50 in their pocket. She is caught on camera, and security detains her. Because the value of the stolen goods is under $200, she would be charged with third-degree retail fraud.
Criminal Penalties for Michigan Retail Fraud
As mentioned above, the three degrees of Michigan retail fraud are dependent upon the value of the merchandise stolen and a person’s prior criminal history.
First-degree retail fraud is a felony punishable by up to 5 years in prison and/or $10,000 fine (or 3 times the value of the difference in price, property stolen, or money/ property obtained, whichever is greater). First-degree can be charged where:
- The value of the stolen property offered for sale is $1,000 or more; or
- The value of the stolen property offered for sale is $200 or more but less than $1,000 with a prior retail fraud conviction.
Second-degree retail fraud is a misdemeanor punishable by up to 1 year in jail and/or a $2,000 fine (or 3 times the value of the difference in price, property stolen, or money/ property obtained, whichever is greater). Second-degree can be charged where:
- The value of the stolen property offered for sale is $200 or more but less than $1,000; or
- The value of the stolen property offered for sale is less than $200 with a prior retail fraud conviction.
Third-degree retail fraud is a misdemeanor punishable by up to 93 days in jail and/or $500 fine (or 3 times the value of the difference in price, property stolen, or money/ property obtained, whichever is greater). Third-degree is charged where the value of the stolen property offered for sale is less than $200 and the person has no prior retail fraud convictions.
Michigan Retail Fraud Civil Demand Notice
If you are charged with retail fraud in Michigan, you may receive additional civil demands on top of the criminal charges mentioned above.
These other civil demands come from a retailer (or their lawyer) who may provide you with a civil demand notice. This is basically a letter in the mail asking you to pay for civil damages. This letter is often from a law firm or a lawyer representing the business, which means that it may be from a state other than Michigan.
For example, a large business with locations across the country may have a law firm in one state handle legal matters.
Michigan law provides that a merchant can recover the full retail price of unrecovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property up to $200.00. Again, this is a civil action in addition to the criminal prosecution.
If the civil demand is not paid, the merchant can pursue a civil lawsuit in small claims court, district court, or any court of competent jurisdiction.
Common Defenses Against Michigan Retail Fraud Charges
If you are accused of Michigan retail fraud, it’s essential to know what potential defenses may be used in your favor.
Below are some common defenses against Michigan retail fraud:
- Lack of intent
In the eyes of the law, it can matter if you did not intend to steal. For example, you may have forgotten to scan an item. - False accusation
Some overzealous or impulsive store employees or security officers may have misinterpreted your actions, charging you with a crime you didn’t commit. - Insufficient evidence
At times, the prosecution may not have enough evidence or proof to convict you. - Mistaken Identity
Even though a crime had been committed, you could have been wrongly identified as the perpetrator.
Still Have Questions About Michigan Retail Fraud?
Many people are confused by the varying degrees, punishments, and even the definition of retail fraud itself. This is made worse because the charges often depend entirely on the value of an object and the defendant’s history.
If you want more information about Michigan retail fraud as well as help understanding your legal options, reach out to Attorney Jeffrey Buehner. With decades of criminal justice experience and legal insights, he’s ready to help you take the right steps to achieve the best outcome possible.
The Right Attorney for Your Michigan Retail Fraud Case
Every state has its own retail fraud laws. That’s why choosing a Michigan retail fraud lawyer with expertise in the State of Michigan is a must.
Whether you reside in Livonia, Detroit, Sterling Heights,Troy, Novi, Ann Arbor, or beyond, Jeffrey Buehner is the premier Michigan retail fraud attorney for resolving shoplifting cases.
We’ll help you understand the Michigan laws and potential consequences of your case, and seek the best possible outcome to minimize the impact on your life.
We strive to find a way to allow you to continue to live your life with minimal impact. In many cases, this includes keeping your record clear of a conviction – a key factor in keeping your employment options open in Michigan. Find out more by reaching out to our outstanding legal team today.
Contact Our Michigan Retail Fraud Lawyers
To avoid the costly and potentially life-altering effects of Michigan misdemeanor or felony retail fraud charges, contact the law offices of attorney Jeffrey Buehner today. You’ll receive a free consultation with an experienced Michigan retail fraud lawyer and find out all your options. Become one of the many satisfied clients who have reaped the rewards of working with our team on your Michigan shoplifting case.
Call (248) 865-9640 or fill out our Consultation form now. We’re ready to help win your Michigan retail fraud case.