Shoplifting is treated as a serious crime by Michigan law, with convicted shoplifters facing potential jail time and fines. Shoplifters also can be sued by merchants in civil court for damages.
Grand Larceny In The Third Degree: New York Penal Law 155.35. Fortunately, however, a first time offender can receive a non-prison or jail sentence. If you are a predicate felon, then there is a mandatory minimum of two to four years in state prison and maximum of three and one half to seven years in prison.
Shoplifting is categorized as retail fraud (a type of larceny) under Michigan law (M.C.L.A. 750.356(c-d)). Retail fraud is committed when a person alters or removes price tags, steals property, or obtains or attempts to receive a refund or exchange for unpurchased store merchandise, with the intent to defraud the merchant. Criminal penalties for retail fraud include possible jail time and fines. Those who commit retail fraud may also be sued by the victimized merchants in civil court for damages. Criminal and civil penalties for retail fraud are described below.
Charge | Classification | Penalty |
Retail fraud in the third degree: theft of goods valued at less than $200 with no prior convictions | Up to 93 days of jail time and/or a fine equal to the greater of $500 or three times the value of stolen goods | |
Retail fraud in the second degree: theft of goods valued between $200 and $1,000, or theft of goods valued at less than $200 with a prior conviction | Misdemeanor | Up to one year of jail time and/or a fine equal to the greater of $2,000 or three times the value of stolen goods |
Retail fraud in the first degree: theft of goods valued at $1,000 or more or theft of goods valued at $200 or more with a prior conviction | Up to five years of jail time and/or a fine equal to the greater of $10,000 or three times the value of stolen goods |
Merchants can sue an adult or emancipated minor shoplifter (or the parents of an unemancipated minor shoplifter) in civil court for damages and penalties. Merchants are entitled to damages equal to the retail price of goods not recovered in sellable condition, as well as damages equal to 10 times the retail price of the stolen property (with a minimum of $50 and maximum of $200).
Pretrial diversion programs may be available to certain individuals accused of first-time or low-level crimes. Diversion programs allow the accused to avoid criminal conviction by completing specific requirements, such as making restitution and undergoing a probationary period, after which the criminal charges will be dropped.
If diversion programs are not an option, the accused may try to negotiate a plea bargain with the prosecutor assigned to the case. Plea bargains usually involve the accused receiving reduced charges or lighter sentencing in exchange for a guilty plea. Plea bargains are available at the discretion of the prosecutor.
Learn more about diversion and pretrial options.
Shoplifting charges can result in serious consequences, including large fines and jail time. If you have been accused of shoplifting in Michigan, it is imperative that you consult with a qualified and experienced attorney who can provide you with advice on how best to proceed to minimize the consequences you face, including exploring diversion programs, raising defenses, and negotiating plea bargains.
The difference between first degree and third degree felonies is based on the gravity of the crime and the requisite penalties. There are six classes of felonies in state criminal codes.
First degree felonies, the most serious felony charge, carry a possible life prison sentence without parole. In some states, the punishment can be death.
First degree felonies are reserved for the most serious of crimes. For example, pre-meditated murder is a first degree felony in every state.
Third degree felonies are less serious. They are still punishable by prison but carry less time. They are almost always eligible for a probationary sentence (assuming the person is eligible based upon their prior record and other factors). Third degree felonies are not punishable by death.
One difference commonly found between these two classifications of felonies is the requirement of mandatory sentencing. With first degree felonies, the sentence of prison time is often mandatory.
Both first degree and third degree felonies are punishable by prison sentence in a state correctional facility.