Shoplifting might seem like a minor offense to some, but in Michigan, the consequences of being caught stealing from a store can be severe. Whether it’s a first time encounter with the law or part of a more complicated legal history, being charged with shoplifting can lead to long-term impacts on an individuals personal and professional life.

The state’s criminal justice system imposes strict penalties on those found guilty of shoplifting, which is known as retail fraud. These penalties can include imprisonment, significant fines, and a criminal record that could hinder future employment and other opportunities. Without proper legal representation, you may face severe consequences that could have been avoided with the right defense strategy.

At Kelly & Kelly P.C., we understand the gravity of retail fraud charges and are committed to defending the rights of our clients. Our experienced criminal defense attorneys are well-versed in Michigan’s criminal laws and have a track record of successfully defending individuals against shoplifting accusations. Regardless of the severity of charges, we are here to help our clients navigate the legal system and fight for the best possible outcome.

Understanding Shoplifting and Retail Fraud

In Michigan, retail fraud is defined as stealing or attempting to steal merchandise from a store, altering price tags, or fraudulently obtaining a refund or exchange for goods that were not purchased. The severity of the charge depends on the value of the stolen property and the circumstances surrounding the offense.

  • First-Degree Retail Fraud: This is the most serious form of shoplifting in Michigan and is classified as a felony. It occurs when the value of the stolen goods exceeds $1,000, or when an individual fraudulently obtains or attempts to obtain a refund or exchange for property worth $1,000 or more. Conviction can result in up to 5 years in prison and fines up to $10,000 or three times the value of the stolen property, whichever is greater.
  • Second-Degree Retail Fraud: This charge applies when the value of the stolen items is between $200 and $1,000. It is considered a misdemeanor but carries serious penalties, including up to 1 year in jail and fines up to $2,000 or three times the value of the stolen property, whichever is greater.
  • Third-Degree Retail Fraud: The least severe of the retail fraud charges, third-degree shoplifting involves items valued at less than $200. However, it is still a misdemeanor offense, punishable by up to 93 days in jail and fines up to $500 or three times the value of the stolen property, whichever is greater.

These charges are not only limited to physical theft. Actions such as altering price tags to pay less or fraudulently returning items for cash can also lead to retail fraud charges. Given the broad scope of what constitutes shoplifting under Michigan law, it is easy to see how even minor actions can result in serious criminal charges.

Defending Against Shoplifting Charges

Facing shoplifting and retail fraud charges in Michigan without a lawyer can be overwhelming and risky. The prosecution will likely have evidence such as video surveillance, witness statements, and store security reports to support their case. This can be very one sided without legal representation.

An experienced shoplifting lawyer will thoroughly investigate the circumstances of your arrest, scrutinize the evidence, and identify any weaknesses in the prosecution’s case. Common defense approaches include challenging the intent behind the alleged theft, questioning the accuracy or legality of the evidence, and negotiating with prosecutors to reduce charges or secure a favorable plea deal.

For instance, shoplifting requires intent to permanently deprive the store of its merchandise. If a person accidentally left the store with an item or had no intention of stealing, likely that charges should be reduced or dismissed. Additionally, if there were procedural errors during your arrest, such as an unlawful search or seizure, it’s possible that evidence can be excluded, which weakens the prosecution’s case.

In some cases, especially for first-time offenders, there is the possibility of negotiating alternative sentencing options such as diversion programs, community service, or restitution, which can keep a conviction off an individual’s record and avoid jail time.

The Consequences of a Conviction

A shoplifting conviction in Michigan carries significant consequences that extend beyond the immediate legal penalties. A criminal record for theft can make it difficult to secure employment, rent an apartment, or obtain certain professional licenses. It can also impact an individual’s reputation and personal relationships.

For minors, the impact can be even more severe, as a criminal record could hinder higher education opportunities and affect future career prospects. Michigan courts do not treat juvenile shoplifting cases lightly, and having an experienced attorney who understands the nuances of juvenile law is crucial to protecting a child’s future.

The Time to Take Action

For those accused of shoplifting in Michigan, time is of the essence. It is vital to not speak to police, store security, or loss prevention personnel without first consulting with a lawyer. Anything a defendant says can be used against them in court, and without legal representation, there is a possibility a person may inadvertently harm their case.

Hiring a Shoplifting Lawyer

Facing retail fraud and shoplifting charges can be a daunting experience, but you don’t have to face it alone. A shoplifting lawyer plays a vital role in protecting your rights and achieving the best possible outcome. The criminal defense attorneys at Kelly & Kelly are committed to providing our clients with the highest level of legal representation.

If you or someone you know has been charged with shoplifting in Michigan, contact us today to discuss your case and explore your legal options. Don’t risk your future – let us help you protect your rights.