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Retail theft cases increase dramatically during the holiday season. Crowded stores, distracted shoppers, and busy employees create an environment where mistakes—and crimes—are more likely to happen. In Michigan, even a small misunderstanding over a store return or cashier error can lead to serious criminal charges like retail fraud. One of the most commonly charged theft offenses is 2nd-degree retail fraud, a crime that falls in the middle range of severity but can have major consequences for your record, freedom, and future.

Understanding how Michigan law defines retail fraud, what 2nd-degree charges mean, and how the holiday season can complicate these cases can help you make informed decisions. If you or someone you know is facing retail fraud charges, don’t wait—getting legal help early can make all the difference.

What is Retail Fraud in Michigan?

Retail fraud is Michigan’s name for what most people think of as shoplifting. Under Michigan Compiled Laws (MCL) 750.356d, retail fraud involves stealing merchandise from a store, switching price tags, or otherwise trying to obtain goods under false pretenses. The law is divided into different degrees—first, second, and third—based on the value of the property and the circumstances of the incident.

Simply put, retail fraud covers more than just sliding an item into a bag without paying. It also includes:

  • Altering, removing, or switching price tags to pay less for an item;
  • Returning stolen items for store credit or cash refunds;
  • Transferring items between containers to avoid detection;
  • Attempting to leave a store without paying for part or all of your merchandise.

The law doesn’t require you to successfully leave the store with stolen goods in order to be charged. Even an attempt to commit retail theft can form the basis of a retail fraud charge. Intent—what the prosecutor believes you meant to do—becomes a central part of the case.

Understanding 2nd-Degree Retail Fraud under Michigan Law

Second-degree retail fraud is a serious misdemeanor offense under Michigan law. It falls between first-degree (a felony) and third-degree (a misdemeanor) retail fraud. The difference depends on the value of the stolen property and whether you have prior convictions.

According to MCL 750.356d(1)(b), you can be charged with second-degree retail fraud if you:

  • Steal or attempt to steal property valued between $200 and $1,000 from a store open to the public;
  • Switch price tags or misrepresent the price of an item in that same value range;
  • Attempt to get money or store credit for returned goods valued between $200 and $1,000 that were not paid for or were stolen;
  • Have one or more prior retail fraud convictions, and the current offense involves property valued under $200 (elevating the charge from third-degree to second-degree).

The penalty for a conviction is up to one year in jail and/or fines up to $2,000 or three times the value of the stolen goods—whichever is greater. While technically a misdemeanor, 2nd-degree retail fraud is treated very seriously by Michigan prosecutors and judges, especially when prior theft charges are involved.

Why the Holiday Season Leads to More Retail Fraud Charges

The holiday season sees a sharp rise in retail thefts across Michigan. With more shoppers, longer lines, and overworked store staff, miscommunications and mistakes can easily spiral into legal trouble. Some of the common holiday-related scenarios that lead to retail fraud charges include:

  • A customer uses a self-checkout machine but accidentally fails to scan one or two items;
  • Friends or family shop together and one person conceals an item while another pays for separate merchandise;
  • Someone returns a holiday gift without a receipt, unaware it was originally stolen or mispriced;
  • A shopper swaps price tags during a busy sale, not realizing the act constitutes a criminal offense.

Retailers also increase their loss prevention staffing during the holidays, meaning stores are more aggressive in pursuing suspected thefts. Many large chains use advanced camera systems and digital receipts, and once store security suspects theft, they often contact police immediately.

Even an innocent mistake—like placing a small item in a larger shopping bag and forgetting about it—can lead to an accusation. Because intent is often subjective, cases can rest heavily on surveillance footage, witness statements, and the explanations given to police or loss prevention staff at the scene.

Elements the Prosecution Must Prove

To convict you of 2nd-degree retail fraud, the prosecutor has to prove each element of the crime beyond a reasonable doubt. These elements are:

  1. That you took or attempted to take store property;
  2. That the item had a value between $200 and $1,000;
  3. That you intended to steal it or pay less than the store’s advertised price;
  4. That the incident occurred while the store was open to the public.

If any one of these elements cannot be proven beyond a reasonable doubt, you must be found not guilty. The essential element is intent. Without intent to defraud or steal, there is no crime. This is often where an experienced defense attorney can make the biggest difference—by demonstrating that your actions were accidental, misunderstood, or not motivated by criminal intent.

Common Defenses to Retail Fraud Charges

Every case is different, but several defenses can apply to a charge of 2nd-degree retail fraud in Michigan:

  • Lack of Intent: Accidental or mistaken conduct can occur at busy stores or self-checkout stations, especially during the holidays. If you didn’t mean to steal, intent cannot be proven.
  • Misidentification: Surveillance video can be unclear, and witnesses often make mistakes. If the prosecution cannot clearly prove who committed the act, you cannot be convicted.
  • Improper Detention or Illegal Search: Loss prevention staff or police must follow procedures. Unlawful detention or searches can result in evidence being suppressed or the case dismissed.
  • Value Disputes: If the item’s value is under $200, the charge should be reduced to third-degree retail fraud—a less serious misdemeanor.
  • Ownership or Right to Possess: Sometimes, misunderstandings between friends or family over purchased property lead to false accusations. Demonstrating ownership or permission can serve as a defense.

Because these cases often come down to interpretation of your intent and circumstances, having a skilled Michigan criminal defense lawyer who understands how prosecutors approach retail theft cases is critical to getting the best possible outcome.

Long-Term Consequences of a Retail Fraud Conviction

Even though 2nd-degree retail fraud is a misdemeanor, its impact can be lasting. It is considered a crime of dishonesty, meaning that it directly reflects on your character and integrity. This can have ripple effects across many areas of life, including:

  • Employment background checks—many companies reject applicants with theft-related convictions.
  • Professional licensing—nurses, teachers, and financial professionals may face discipline or loss of licensure.
  • Immigration status—non-citizens can face visa denials or deportation for theft-related offenses.
  • Housing and education—schools and landlords often review criminal records before approval.

Because a criminal record for theft can follow you indefinitely, fighting the charge aggressively is essential. In some cases, an attorney can negotiate a plea under a deferred sentencing statute, allowing for dismissal after probation.

Holiday-Season Defense Strategies and Preventive Tips

The holidays present unique challenges, both for shoppers and store employees. Even conscientious people can find themselves in legal trouble due to misunderstandings, distraction, or genuine mistakes. Here are a few preventive measures and defense strategies relevant to holiday cases:

  • Stay Organized: Keep your receipts and bags together; always double-check that all items were scanned at self-checkout.
  • Be Calm if Approached by Security: Never argue or attempt to leave the store. Ask politely if you’re being detained and call an attorney immediately.
  • Do Not Make Statements Without Counsel: Even casual comments like “I forgot” or “It was an accident” can be misinterpreted as admissions of guilt.
  • Request to See Evidence: Surveillance video can both incriminate and exonerate. Stores sometimes misinterpret actions caught on camera; your attorney can request the video through discovery.

These simple steps can prevent misunderstandings from turning into criminal charges—or help strengthen your defense if you’re accused of wrongdoing.

When to Contact a Michigan Criminal Defense Attorney

Retail fraud accusations move quickly once police or prosecutors get involved. Stores rarely “drop” charges themselves after calling law enforcement. If you were cited for or arrested on suspicion of 2nd-degree retail fraud, contact an experienced Michigan criminal defense attorney immediately.

A skilled lawyer can:

  • Review evidence for inconsistencies or procedural errors;
  • Challenge intent and valuation of the alleged theft;
  • Negotiate for charge reductions or dismissal;
  • Advocate for alternative sentencing or deferred programs to protect your record.

Attorney Aaron J. Boria has successfully defended clients charged with retail fraud and other theft-related offenses throughout Michigan. Our office has earned a reputation for strategic defense and personalized legal care. Call (734) 453-7806 today

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