Retail fraud in Michigan has three degrees based on the value involved. Under $200 is third degree (up to 93 days), $200 to under $1,000 is second degree (up to 1 year), and $1,000 or more is first degree, a felony with up to 5 years in prison. The charges are set by MCL 750.356c and 750.356d.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Retail fraud at a glance
| Third degree | Value under $200. Misdemeanor: up to 93 days in jail and a fine of up to $500 or 3 times the value, MCL 750.356d(4) |
|---|---|
| Second degree | Value $200 to under $1,000. Misdemeanor: up to 1 year in jail and a fine of up to $2,000 or 3 times the value, MCL 750.356d(1) |
| First degree | Value $1,000 or more. Felony: up to 5 years in prison and a fine of up to $10,000 or 3 times the value, MCL 750.356c(1) |
| Prior convictions | A third-degree charge with one or more qualifying priors is treated as second degree (MCL 750.356d(2)) |
| Conduct covered | Stealing store property, altering or switching price tags, or obtaining a refund or exchange for property not paid for |
Where a fine is stated as an amount or 3 times the value, the statute uses whichever is greater. A lawyer should review which priors count in your case.
How does a retail fraud case move through court?
- Citation or arrest and arraignment in district court.
- Pretrial. Your lawyer requests store video, receipts, and loss-prevention reports.
- Felony cases include a preliminary examination and possible bindover to circuit court.
- Resolution by dismissal, plea, or trial.
What matters in the defense
- Value. The degree depends on the value. A lower proven value means a lower charge.
- Intent. The prosecutor must prove you meant not to pay.
- Video and identification. Store footage is often the key evidence.
- Outcome options. Some first-time cases may be resolved without a lasting conviction. See retail fraud defense and expungement.
Related page: misdemeanor or felony offense.
Frequently asked questions
When is shoplifting a felony in Michigan?
When the value is $1,000 or more, it is first-degree retail fraud under MCL 750.356c, a felony with up to 5 years in prison.
What is the penalty for third-degree retail fraud?
Up to 93 days in jail and a fine of up to $500 or 3 times the value, under MCL 750.356d(4).
Talk to a Detroit retail fraud attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 750.356c and MCL 750.356d in the Michigan Legislature’s text. This page is general information, not legal advice.