Theft charges carry a special stigma: to an employer or landlord, a theft conviction signals dishonesty. In Michigan, the charge and the penalty generally depend on the value of the property, and the value the store or accuser claims is not always accurate.
Retail fraud (shoplifting)
Retail fraud covers taking merchandise from a store, altering or switching price tags, and returning items you didn’t pay for to get a refund.
| Charge | Classification | Maximum penalty |
|---|---|---|
| Retail fraud, 3rd degree (under $200) | Misdemeanor | Up to 93 days in jail, fine up to $500 or 3 times the value |
| Retail fraud, 2nd degree ($200 to $1,000) | Misdemeanor | Up to 1 year in jail, fine up to $2,000 or 3 times the value |
| Retail fraud, 1st degree ($1,000 or more) | Felony | Up to 5 years in prison, fine up to $10,000 or 3 times the value |
| Organized retail crime | Felony | Up to 5 years in prison, up to $5,000 fine |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
Larceny and receiving stolen property
| Charge | Classification | Maximum penalty |
|---|---|---|
| Larceny under $200 | Misdemeanor | Up to 93 days in jail |
| Larceny $200 to $1,000 | Misdemeanor | Up to 1 year in jail |
| Larceny $1,000 to $20,000 | Felony | Up to 5 years in prison |
| Larceny $20,000 or more | Felony | Up to 10 years in prison |
| Larceny from a person (for example, pickpocketing or purse snatching) | Felony | Up to 10 years in prison |
| Receiving or concealing stolen property | Misdemeanor or felony | Follows the same value ranges as larceny |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
Home invasion and auto theft
| Charge | Classification | Maximum penalty |
|---|---|---|
| Home invasion, 1st degree | Felony | Up to 20 years in prison |
| Home invasion, 2nd degree | Felony | Up to 15 years in prison |
| Home invasion, 3rd degree | Felony | Up to 5 years in prison |
| Unlawfully driving away an automobile (UDAA) | Felony | Up to 5 years in prison |
| Unauthorized use of a vehicle without intent to steal (joyriding) | High court misdemeanor | Up to 2 years |
Maximum penalties for a typical first offense under Michigan law. Prior convictions, weapons, injuries and other factors can increase them. Actual sentences are usually far below the maximum and depend on Michigan’s sentencing guidelines and the facts of the case.
Common defenses
- No intent to steal — for example, forgetting an item in a cart or a misunderstanding at self-checkout.
- Challenging the claimed value, which can drop the charge to a lower degree.
- Mistaken identity and unclear video footage.
- Claim of right — a good-faith belief the property was yours.
- Unlawful detention or questioning by store security or police.
Frequently asked questions
I got a letter from the store demanding money. Do I have to pay it?
Michigan law lets retailers send a civil demand for a penalty in addition to the criminal case. Paying it does not end the criminal case, and not paying it does not add criminal charges. Talk to a lawyer before you respond.
Can a first-time shoplifting charge be kept off my record?
Frequently. First-time retail fraud cases can often be resolved through a delayed sentence, a diversion program, or HYTA for younger defendants, which can result in a dismissal. A conviction for a theft crime is especially damaging because employers see it as a crime of dishonesty.