Defending Against Retail Fraud Charges During the Holiday Season

The holiday season is a time of joy, bustling shopping centers, and the spirit of giving—but for some, it can also become a season fraught with legal trouble. Retail fraud, often called shoplifting, tends to spike during the holidays due to crowded stores, stressed shoppers, and the temptation of high-demand goods. Understanding your rights and legal options is essential if you face retail fraud charges in Michigan.

At Ben Hall Law, our East Lansing criminal defense lawyer is here to help you navigate these challenging circumstances.

What Constitutes Retail Fraud in Michigan?

Retail fraud in Michigan is broadly defined under state law and includes various offenses.

They include:

• Shoplifting: Taking merchandise from a store without paying.
• Price Tag Switching: Altering or replacing price tags to pay less than the item’s actual value.
• False Returns: Returning stolen goods for cash or store credit.
• Collaborative Fraud: Working with others to distract employees or exploit security lapses.

The severity of the charge—whether it is classified as a misdemeanor or felony—depends on factors such as the value of the goods allegedly involved and any prior criminal history. For example, under Michigan law, stealing goods valued at less than $200 is considered third-degree retail fraud, typically a misdemeanor. However, if the value of the goods is between $200 and $1,000, the charge escalates to second-degree retail fraud. For merchandise valued over $1,000, or in cases involving prior convictions, you could face first-degree retail fraud, a felony with potentially severe penalties, including significant fines and imprisonment.

No matter the severity of the charge, working with an experienced attorney like Ben Hall is the critical first step to ensuring your rights and future are protected. A retail fraud accusation doesn’t automatically mean a conviction. Many defenses and strategies can be employed to challenge the evidence, question the circumstances of the incident, and work toward reducing or dismissing the charges.

Why Are Retail Fraud Charges Common During the Holidays?

Several factors contribute to an uptick in retail fraud during the holidays.

They may include, but are not limited to:

• Crowded Stores: Increased foot traffic can create opportunities for undetected theft.
• High-Pressure Shopping: Financial stress or the rush to secure holiday gifts can lead to impulsive actions.
• Temporary Staff: Seasonal employees may lack the training to prevent or identify fraudulent activity, resulting in misunderstandings or overzealous accusations.
• Advanced Security Systems: Stores often enhance surveillance and loss prevention measures, leading to more allegations of fraud.

A conviction for retail fraud can have lasting repercussions, including fines, restitution payments, and potential jail time, particularly for repeat offenders or felony cases. Beyond the immediate penalties, a criminal record can significantly impact your future, making securing employment, housing, or educational opportunities more challenging.

Contact Our Criminal Defense Attorney in Michigan Today

At Ben Hall Law, we take a strategic approach by thoroughly examining evidence for inconsistencies, challenging the prosecution’s ability to prove intent, negotiating for reduced charges or alternative sentencing options, and working diligently to safeguard your reputation. Let us help you navigate this challenging time with confidence and a strong defense.

Call 877-BEN-HALL (877)-236-4255 or contact us online. Your fight is our fight. Let’s get started.