Responding to 2nd-Degree Retail Fraud Charges During the Holiday Season: Tips for Quick Action Against Increased Surveillance

What is 2nd-Degree Retail Fraud Under Michigan Law?

Retail fraud, commonly known as shoplifting, is one of the most frequently charged property crimes in Michigan. It refers to a person’s intent to steal property from a retail store—this could mean switching price tags, concealing merchandise, or attempting to return stolen items for cash or credit.

Under MCL 750.356d, Michigan law divides retail fraud into three degrees based on the value of the property and prior criminal history:

• 1st-Degree Retail Fraud: When the value of the stolen property is $1,000 or more, or the offender has a prior similar conviction. This is a felony, punishable by up to 5 years in prison and/or fines up to $10,000 or three times the value of the stolen property.
• 2nd-Degree Retail Fraud: Applied when the value of the property is between $200 and $1,000, or the individual has prior retail fraud convictions. This is a misdemeanor punishable by up to 1 year in jail and/or fines of up to $2,000 or three times the value of the stolen property.
• 3rd-Degree Retail Fraud: When the value of the property is under $200. This is a misdemeanor punishable by up to 93 days in jail and/or fines of $500 or three times the value of the property, whichever is greater.

Even though second-degree retail fraud is technically classified as a misdemeanor, the consequences can ripple through your life: employment loss, damaged reputation, or even issues obtaining professional licensing. During the holidays, when surveillance measures spike and store loss prevention teams are especially active, honest mistakes can quickly turn into criminal charges.

Why Retail Fraud Charges Increase During the Holidays

Retailers in Michigan prepare months ahead of the holiday season by boosting asset protection. More cameras, undercover agents, and technology tools—like self-checkout data analytics—are deployed from Thanksgiving through January.

Common reasons for the spike in arrests include:

• Increased Store Traffic: Higher volumes of customers create situations where loss prevention is hypervigilant.
• Employee Errors or Misunderstandings: Cashier mistakes at self-checkouts can lead to accusations of “under-scanning” or theft.
• Higher Value Merchandise: Holiday items are often more expensive, quickly pushing an alleged theft into second-degree felony-level territory.
• Retail Loss Prevention Departments: Many big-box stores employ private security who coordinate closely with police to file criminal complaints as soon as possible.

Unfortunately, overzealous security practices sometimes result in innocent individuals being detained, embarrassed publicly, and charged without sufficient evidence. If you find yourself accused, it’s important to remain calm and remember that being charged is not the same as being convicted.

The Elements of 2nd-Degree Retail Fraud

To convict someone of 2nd-degree retail fraud in Michigan, the prosecutor must prove every element of the charge beyond a reasonable doubt. These include:

1. You took property that was offered for sale by a store or merchant.
2. You moved or concealed the item with intent to steal or defraud the store.
3. The property was worth between $200 and $1,000.
4. The act occurred while the store was open to the public.

If any one of these elements is not proven, you cannot be convicted. For instance, if you absentmindedly placed an item in your bag while juggling shopping lists or children and had no intent to steal, your attorney can use that as a strong defense.

Defending Against 2nd-Degree Retail Fraud Charges

Every case is unique, and at Boria Law, we tailor your defense to the facts. Several common defense strategies apply to retail fraud cases in Michigan:

• Lack of Intent: Mistakenly walking out of the store with an item or mis-scanning items at a self-checkout does not equal intent to steal. Intent is crucial for any retail fraud conviction.
• Mistaken Identity: Poor video quality or unreliable eyewitness identification might have led to the wrong person being accused.
• Improper Detention: Store security must follow legal guidelines when detaining suspects. If they violated those procedures, your rights may have been infringed upon.
• Value Disputes: If there is disagreement about the actual value of the items, your attorney can argue for a reduction in the degree of the charge, significantly changing the possible penalties.
• Violation of Miranda Rights: After arrest, police questioning must comply with your constitutional rights. Any improperly obtained statements can be suppressed.

Because prosecutors often rely on surveillance evidence, it’s essential for your lawyer to promptly review the video, request store reports, and audit all police documentation. An experienced retail fraud attorney can often catch procedural mistakes before they damage your case.

Why Quick Action Matters During the Holiday Season

Retail fraud cases move quickly once initiated—especially during the busy shopping period when prosecutors want to set strict deterrent examples. The moment you are accused, every step you take can affect the outcome.

What You Should Do Immediately

• Do Not Talk to Store Employees About the Incident: Anything you say can later be used against you in court. Even apologizing might be taken as an admission of guilt.
• Do Not Post About It Online: Sharing details on social media could give investigators more information to use against you.
• Get Legal Advice Immediately: Calling an experienced Michigan criminal defense attorney can help prevent legal missteps before your court date is even set.
• Gather Evidence: Receipts, bank statements, witness contact information, and any communication with store employees could all become key evidence in your defense.

Michigan Legal Process for Retail Fraud Cases

Once charged with retail fraud, your case proceeds through several key stages. Here’s what you can expect:

1. Arraignment

You’ll be formally charged in a Michigan district court, such as the 35th District Court in Plymouth, depending on where the alleged offense occurred. At your arraignment, the judge will announce the charges, inform you of your rights, and set bond conditions. Your attorney can sometimes waive the arraignment to avoid unnecessary court appearances.

2. Pretrial Conference

This is where your attorney begins negotiations with the prosecutor. Sometimes, cases can be resolved with reduced charges, deferred sentencing programs, or dismissal agreements. If this is your first offense, your lawyer may be able to get you into a diversion program that keeps a conviction off your record.

3. Motions and Discovery

Before trial, your attorney will examine all evidence—including security footage and store reports—to identify weaknesses in the prosecution’s case. Motions to suppress evidence or dismiss charges can make a substantial difference in the outcome.

4. Trial

If your case goes to trial, it may be heard by either a jury or a judge. Your defense lawyer will cross-examine witnesses, challenge video interpretations, and emphasize the absence of intent. The prosecutor must prove guilt beyond a reasonable doubt.

5. Sentencing

If convicted, penalties can include up to a year in county jail, probation, community service, restitution, or fines. However, with strong representation, many clients receive alternative sentences or even have charges reduced to lesser infractions.

Potential Consequences of a 2nd-Degree Retail Fraud Conviction

Besides jail time and fines, retail fraud convictions have long-lasting effects. Some of the most serious collateral consequences include:

• Employment Issues: Many employers conduct background checks. A theft-related conviction can make securing jobs in retail, banking, or public service extremely difficult.
• Professional Licensing: Occupations such as nursing, law, or medicine often require maintaining “good moral character.” A theft conviction can jeopardize your license.
• Civil Demand Letters: Stores sometimes send civil demand letters requesting payment of “damages.” Your attorney can explain whether you are legally obligated to respond.
• Immigration Consequences: Non-citizens may face immigration issues since retail fraud is considered a crime of moral turpitude.
• Reputation Damage: An arrest, even without conviction, can cause personal embarrassment and social stigma.

Because of these wide-ranging impacts, quick and calculated legal action is critical. Even if you believe the charge is based on a misunderstanding, having a defense lawyer handle communication with the prosecutor will protect you from unintentional admissions or procedural errors.

Alternative Resolutions and Diversion Programs in Michigan

If this is your first retail fraud charge and you have a clean record, you might qualify for a deferred sentence or diversion program under Michigan law. This is often available through certain district courts, especially for younger defendants or those charged with lower-level offenses.

With a deferred sentence, you may be required to complete probation, pay restitution, or perform community service. In exchange, the court may dismiss your case after you successfully fulfill the conditions—keeping a conviction off your permanent record. An attorney like Aaron J. Boria can negotiate this type of resolution with the prosecutor and ensure all legal steps are properly followed.

How an Experienced Michigan Defense Attorney Can Help

When accused of 2nd-degree retail fraud, the first call you make should be to a criminal defense lawyer who understands Michigan’s retail fraud laws and court procedures. Retail theft cases often hinge on nuances—like intent, mistaken identity, or an exaggerated loss prevention report.

Attorney Aaron J. Boria has successfully defended retail fraud cases throughout Michigan, achieving dismissals, not guilty verdicts, and charge reductions. His approach includes:

• Thorough Investigation: Reviewing all store and police evidence, including bodycam and digital surveillance data.
• Early Intervention: Negotiating early in the process to reduce or dismiss charges before arraignment when possible.
• Communication with Prosecutors: Many prosecutors are willing to consider alternative resolutions with no conviction if the defendant takes early responsibility.
• Guidance During Each Step: From arraignment to trial preparation, having a lawyer ensures you understand your rights and responsibilities.

If you’re facing these charges—or even an accusation—it’s critical to act fast. Call Aaron J. Boria today at (734) 453-7806 for a free consultation. You can also reach us through our Plymouth criminal defense site for more information about your rights and potential defenses.