Is Shoplifting a Felony in Michigan?

Shoplifting is the common word used to describe the theft of merchandise from a retail store. In Michigan, the legal consequences of shoplifting will vary significantly depending on the value of stolen goods. If you were arrested for shoplifting you may be wondering if you could face felony charges. Depending on the details of the offense, shoplifting can be charged as either a misdemeanor or felony in MI. During your case, work with a Marquette shoplifting lawyer to ensure your rights are protected and a strong defense is implemented.

What is the Definition of Shoplifting?

Under Michigan state law, shoplifting is formally referred to as retail fraud. The state recognizes the following actions as retail fraud, given that they occur during the store’s regular business hours.

• Altering, concealing, removing and replacing, transferring, or otherwise misrepresenting the price of merchandise with the intent to not pay for the item or pay less than what it is priced at
• Stealing property of the store
• Falsely returning merchandise with the intent to defraud the retailer

Is Shoplifting a Felony in MI?

Shoplifting can be considered a misdemeanor or felony depending on various aspects of the offense and individual. For retail fraud of merchandise worth less than $1,000 you will generally be charged with a misdemeanor. Any offense involving items valued at over $1,000 will be charged as a felony.

What Are the Penalties for Shoplifting?

Michigan state law categorizes shoplifting offenses into first-degree, second-degree, and third-degree. Legal penalties of varying severity will accompany each level of offense. Consider the following.

Third-degree:

• Misdemeanor
• Property valued at less than $200
• Fines of $500 or three times the value of the stolen goods, whichever is greater
• Imprisonment of up to 93 days

Second-degree:

• Misdemeanor
• Property valued at $200 to $1,000
• Fines of $2,000 or three times the value of the stolen goods, whichever is greater
• Imprisonment of up to 1 year

First-degree:

• Felony
• Property valued at $1,000 or more
• Fines of $10,000 or three times the value of the stolen goods, whichever is greater
• Imprisonment of up to 5 years

It is important to note that other details of the circumstances will impact the charges you are given. For example, if you commit retail fraud with merchandise of less than $200 you should be charged with a third-degree misdemeanor. However, if you have a prior conviction of a similar offense you will likely have your charges enhanced to second degree.

If you used violence or if any other aggravating factors were present you may also face additional charges and penalties.

Do I Need an Attorney?

Hiring a lawyer is crucial during a criminal case. Because the penalties for shoplifting can be so severe, building a strong case is important. With the help of your attorney, you can implement effective defensive strategies like lack of intent, mistaken identity, insufficient evidence, and more. Contact Berger Law to speak with a skilled attorney and set up a consultation today.