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Retail fraud cases from Westland Shopping Center, Twelve Oaks Mall, and other major Metro Detroit shopping centers spike in May with Mother's Day, graduation gifts, and end-of-school-year shopping. Depending on where the alleged offense happened, the case will be prosecuted in either Wayne or Oakland County — and the differences matter.

Michigan's Retail Fraud Tiers

Under MCL 750.356c and 750.356d, retail fraud has three degrees based on the value of the merchandise:

  • First-Degree Retail Fraud — goods valued at $1,000 or more, or $200 to $999 with a prior retail fraud conviction. Felony punishable by up to five years in prison and up to $10,000 in fines (or three times the value of the merchandise, whichever is greater).
  • Second-Degree Retail Fraud — goods valued between $200 and $999. Misdemeanor punishable by up to one year in jail and up to $2,000 in fines.
  • Third-Degree Retail Fraud — goods valued at less than $200. Misdemeanor punishable by up to 93 days in jail and up to $500 in fines.

Where Cases Are Heard

  • Westland Shopping Center is in Wayne County, City of Westland. Cases are arraigned in the 18th District Court in Westland.
  • Twelve Oaks Mall is in Oakland County, City of Novi. Cases are arraigned in the 52-1 District Court in Novi.

Felony retail fraud cases from Wayne County are bound over to Wayne County Circuit Court in Detroit; Oakland County felony cases go to Oakland County Circuit Court in Pontiac.

County Prosecutor Differences

While the underlying state law is the same, each county prosecutor's office has its own policies, diversion programs, and plea practices. Some counties have first-offender programs that can result in dismissal upon completion of certain conditions; others are stricter. An attorney familiar with how each county and each district court handles these cases is a major advantage.

Common Defenses

  • Lack of intent. Retail fraud requires intent to steal or defraud. Mistakes, confusion at self-checkout, and misunderstandings are real defenses.
  • Value disputes. The degree of the charge depends on the alleged value of the goods. Pricing errors, sale prices, and inventory mistakes can affect which degree applies.
  • Identification. In busy stores with multiple shoppers, identification is sometimes contested.
  • Loss prevention conduct. Loss prevention officers must follow legal limits on detention and questioning. Violations can affect the case.

Civil Demand Letters

After a retail fraud arrest, the store often sends a civil demand letter under MCL 600.2953 asking for $200 to $500 plus the value of unrecovered merchandise. This is a separate civil matter. Paying the civil demand does not resolve the criminal case, and ignoring the civil demand does not waive your criminal defense.

Call Boria Law Today

If you were charged with retail fraud at Westland, Twelve Oaks, or anywhere else in Michigan, attorney Aaron J. Boria of Boria Law can help. Boria Law represents clients in Wayne and Oakland County district courts and works to protect both your record and your future.

Call (734) 453-7806 today for a free consultation.

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