Retail Fraud - In A Nut-Shell
The State of
Michigan statutorily divides up tits heft crimes into multiple categories,
which includes the category of retail fraud. Michigan goes even further and
divides retail fraud into separate classes or degrees. Each degree is based
upon the amount of money the property taken is worth and has corresponding
punishments for each.
Retail fraud in
the first degree is limited to instances where the value of the property
exceeds $1,000.00 and is punishable as a felony. An individual can face up to
5-years in jail and/or a fine of $10,000.00 or 3 times the amount of the value
of the property taken, whichever is greater. Moreover, the prosecutor is
allowed to use and aggregate multiple incidents, of retail fraud, over a
12-month period to determine the property value amount under this statute.
The other two
degrees of retail fraud are both misdemeanors, and thus the maximum amount of
time will be 1-year (if convicted for second degree retail fraud) and 93-days
for an individual convicted of retail fraud in the third degree. Moreover, the
value of property cannot exceed $1,000.00 for a second degree charge and
property less than $200.00 will attach a third degree charge.
To note, the
statute does allow for statutory increases in punishment for those individuals
who have been convicted of the crime on a prior conviction. This applies to all
degrees of retail fraud and is enumerated in the statute.
PLEASE
DO NOT RELY ON THESE LEGAL OPINIONS AND OBSERVATIONS WHEN REPRESENTING YOURSELF
IN COURT. THESE ARTICLES ARE NOT MEANT TO COMPENSATE OR EFFECUATE LEGAL
REPRESENTATION. YOU SHOULD AND MUST CONTACT AN ATTORNEY AND DISCUSS WITH HIM OR
HER THE CONSEQUENCES OF ANY AND ALL IDEAS, STATEMENTS, OPINIONS, EXPRESSIONS OR
OTHERWISE STATED ON THIS SITE. HOPE TO SPEAK WITH YOU SOON.
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