RETAIL
FRAUD
Retail Fraud
is commonly referred to as 'shoplifting.' The charge involves stealing
or attempting to steal items offered for sale by a store. It can also
be charged in situations where the price of an item is altered with the
intent to pay less than the marked price. As described below, Retail Fraud
can be charged as a 93 day misdemeanor, a 1 year misdemeanor, or a 5 year
felony depending upon the specific facts and background of the case and
the accused.
For many people, shoplifting is a one time mistake and the embarrassment
of being caught is more than enough punishment. People in this type of
situation often make the mistake of going to court and pleading guilty
because they want "the whole thing done and over with as soon as
possible." While that is certainly an understandable sentiment, it
may leave you with a conviction for a crime involving theft. Such a conviction
could impact your future.
Regardless of whether your case is defensible or not (many cases involve
closed circuit video), we can help. We have had a great deal of success
in keeping these type of convictions off our clients' records by thoroughly
presenting the positive aspects of our clients' respective backgrounds
to the prosecutor and the courts and demonstrating the hardship that a
conviction would present. If trying to keep your record clean is important
to you, give us a call.
Retail fraud in first degree.
(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the first degree, a felony punishable by imprisonment for not more than 5 years or a fine of not more than $10,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:
(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is $1,000.00 or more.
(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $1,000.00 or more.
(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money or the value of the property obtained or attempted to be obtained is $1,000.00 or more.
(2) A person who violates section 356d(1) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section or section 218, 356, 356d(1), or 360 is guilty of retail fraud in the first degree. For purposes of this subsection, however, a prior conviction does not include a conviction for a violation or attempted violation of section 218(2) or (3)(b) or section 356(4)(b) or (5).
(3) The values
of the difference in price, property stolen, or money or property obtained
or attempted to be obtained in separate incidents pursuant to a scheme
or course of conduct within any 12-month period may be aggregated to determine
the total value involved in the offense under this section
Retail fraud in second or third degree
(1) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the second degree, a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $2,000.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:
(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale with the intent not to pay for the property or to pay less than the price at which the property is offered for sale if the resulting difference in price is $200.00 or more but less than $1,000.00.
(b) While a store is open to the public, steals property of the store that is offered for sale at a price of $200.00 or more but less than $1,000.00.
(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store if the amount of money or the value of the property obtained or attempted to be obtained is $200.00 or more but less than $1,000.00.
(2) A person who violates subsection (4) and who has 1 or more prior convictions for committing or attempting to commit an offense under this section, section 218, 356, 356c, or 360, or a local ordinance substantially corresponding to this section or section 218, 356, 356c, or 360 is guilty of retail fraud in the second degree.
(3) A person who commits retail fraud in the second degree shall not be prosecuted under section 360.
(4) A person who does any of the following in a store or in its immediate vicinity is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:
(a) While a store is open to the public, alters, transfers, removes and replaces, conceals, or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00.
(b) While a store is open to the public, steals property of the store that is offered for sale at a price of less than $200.00.
(c) With intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was not paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00.
(5) A person who commits retail fraud in the third degree shall not be prosecuted under section 360.
(6) The values of the difference in price, property stolen, or money or property obtained or attempted to be obtained in separate incidents pursuant to a scheme or course of conduct within any 12-month period may be aggregated to determine the total value involved in the offense under this section.
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