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Shoplifting is treated as a serious crime by Michigan law, with convicted shoplifters facing potential jail time and fines. Shoplifters also can be sued by merchants in civil court for damages.
Michigan Shoplifting Laws
Shoplifting is categorized as retail fraud (a type of larceny) under Michigan law (M.C.L.A. 750.356(c-d)). Retail fraud is committed when a person alters or removes price tags, steals property, or obtains or attempts to receive a refund or exchange for unpurchased store merchandise, with the intent to defraud the merchant. Criminal penalties for retail fraud include possible jail time and fines. Those who commit retail fraud may also be sued by the victimized merchants in civil court for damages. Criminal and civil penalties for retail fraud are described below.
Shoplifting Criminal Penalties
Retail fraud in the third degree: theft of goods valued at less than $200 with no prior convictions
Misdemeanor
Up to 93 days of jail time and/or a fine equal to the greater of $500 or three times the value of stolen goods
Retail fraud in the second degree: theft of goods valued between $200 and $1,000, or theft of goods valued at less than $200 with a prior conviction
Misdemeanor
Up to one year of jail time and/or a fine equal to the greater of $2,000 or three times the value of stolen goods
Retail fraud in the first degree: theft of goods valued at $1,000 or more or theft of goods valued at $200 or more with a prior conviction
Felony
Up to five years of jail time and/or a fine equal to the greater of $10,000 or three times the value of stolen goods
Merchants can sue an adult or emancipated minor shoplifter (or the parents of an unemancipated minor shoplifter) in civil court for damages and penalties. Merchants are entitled to damages equal to the retail price of goods not recovered in sellable condition, as well as damages equal to 10 times the retail price of the stolen property
I HAVE SUCCESSFULLY DEFENDED MANY OF THESE AND HELPED MY CLIENTS AVOID JAIL AND LENGTHY COURT ORDERED PROGRAMS.
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