Diversion programs are a great option for people who are facing minor charges and it's only their first-time offense. If diversion is not an option, entering a plea bargain may be the best solution for lessening the charges, which will decrease the maximum amount of potential penalties for the accused party.
Criminal Penalties For Michigan Retail Fraud 1st degree retail fraud is a felony punishable by up to 5 years in prison and/or $10,000 fine (or 3 times the value of the difference in price, property stolen, or money/ property obtained, whichever is greater).
foreverA retail fraud conviction will stay on a person's criminal history forever unless it is eventually expunged or the conviction is set aside pursuant to MCL 780.621. If the property in question is valued under $200.00, the maximum jail sentence is 93 days.
Third-Degree Retail Fraud is the least serious charge. This is the typical charge for shoplifting small items under $200 in value. A conviction for Third-Degree Retail Fraud is considered a misdemeanor in the state of Michigan and is punishable with up to 93 days of jail time, in addition to fines.
Second-degree retail fraud involves the theft of property valued between $200 and $1,000, and third-degree property valued at less than $200.
A person commits a felony by stealing property valued at $1,000 or more but less than $20,000. A judge may impose a sentence of up to five years in prison and a fine of $10,000. Regardless of value, stealing a firearm or certain parts from a vehicle is also punishable at this felony level.
Larceny in a building is a felony punishable by up to 4 years in prison. Compare ordinary larceny, a misdemeanor punishable by no more than 1 year in jail if the value of the property was under $1,000.
(c) "Organized retail crime" means the theft of retail merchandise from a retail merchant with the intent or purpose of reselling, distributing, or otherwise reentering the retail merchandise in commerce, including the transfer of the stolen retail merchandise to another retail merchant or to any other person ...
In Michigan, Retail Fraud is generally defined as “the taking of property from a store that was open to the general public, and with the specific intent to deprive the store of ownership.” If a someone steals from a person, building, or home, it's a distinct (separate) theft offense and not Retail Fraud.
What is Pretrial Diversion in MI? Pretrial diversion is a program offered by the court through which you can avoid a permanent criminal conviction in exchange for agreeing to complete some type of rehabilitation program or treatment.