The Criminal Defense Law Center of
West Michigan

Retail Fraud Attorney in Grand Rapids — I Defend All Degrees

A retail fraud charge in Michigan is not “just shoplifting.” It’s a criminal offense that can land you in jail, saddle you with a permanent record, and follow you for the rest of your life. Employers, landlords, and schools all see theft convictions — and they judge harshly.

I’m Shawn Haff, and I’ve defended hundreds of retail fraud cases across West Michigan. Whether you’re a first-time offender who made a terrible mistake or you’re facing felony charges for organized retail crime, I fight to keep this off your record.

Call me now at 616-438-6719.

The call is free. I’m available 24/7.

Michigan Retail Fraud Charges Explained

Michigan categorizes retail fraud into three degrees based on the dollar value of the merchandise involved. Each degree carries different penalties:

First Degree Retail Fraud (MCL 750.356c) — Felony

  • Merchandise value: $1,000 or more
  • Penalty: Up to 5 years in prison and/or $10,000 fine (or 3 times the value of the merchandise, whichever is greater)
  • This is a felony that carries serious prison time

First degree retail fraud is the most serious charge, and it’s more common than you’d think. High-value electronics, multiple items, or organized theft schemes push cases into this category fast. If you’re facing a felony retail fraud charge, you need aggressive representation immediately.

Second Degree Retail Fraud (MCL 750.356d) — Misdemeanor

  • Merchandise value: $200 to $999.99
  • Penalty: Up to 1 year in jail and/or $2,000 fine (or 3 times the value, whichever is greater)
  • This is a misdemeanor, but 1 year in jail is no joke

Third Degree Retail Fraud (MCL 750.356d) — Misdemeanor

  • Merchandise value: Under $200
  • Penalty: Up to 93 days in jail and/or $500 fine (or 3 times the value, whichever is greater)
  • The “lowest” degree — but still a criminal record if convicted

Important: Prior retail fraud convictions can elevate the degree of your current charge. A third-degree offense can become a second-degree charge if you have a prior conviction. A second-degree can become a first-degree felony. The prosecution stacks these aggressively.

What Counts as Retail Fraud in Michigan?

Retail fraud isn’t limited to walking out of a store with unpaid merchandise. Under Michigan law, retail fraud includes:

  • Shoplifting — concealing or taking merchandise without paying
  • Price tag switching — altering, removing, or swapping price tags to pay less
  • Under-ringing — manipulating self-checkout or working with a cashier to ring items at lower prices
  • Fraudulent returns — returning stolen merchandise for cash or store credit
  • Organized retail crime — working with others to steal merchandise for resale

Michigan Retail Fraud Penalties — Beyond Jail and Fines

The penalties listed above are just the criminal side. A retail fraud conviction also brings:

  • Permanent criminal record — visible to employers, landlords, and licensing boards
  • Civil demand letters — retailers regularly send civil demand letters seeking $200 or more in addition to the criminal case
  • Store bans — you may be permanently banned from the retailer and affiliated stores
  • Immigration consequences — retail fraud is a crime of moral turpitude that can affect visa status and green card applications
  • Professional licensing issues — nurses, teachers, and other licensed professionals can face disciplinary action

My Defense Strategies for Retail Fraud

I don’t just negotiate pleas — I look for every angle to get your charges reduced or dismissed:

Lack of Intent

Retail fraud requires intent to steal. Absent-mindedly walking past a checkout, self-checkout errors, or simply forgetting an item in your cart is not a crime. I challenge the prosecution to prove you intended to steal.

Questioning the Dollar Value

The degree of your charge depends on the merchandise value. I challenge inflated valuations to push charges down to a lower degree.

Constitutional Violations

Illegal detentions by loss prevention, coerced confessions, and Miranda violations all give me grounds to suppress evidence.

Negotiation for Reduced Charges

When appropriate, I negotiate to reduce charges to a lesser offense — or to a civil infraction that keeps a criminal conviction off your record entirely.

HYTA — The Holmes Youthful Trainee Act

If you’re between 17 and 26 years old, you may be eligible for the Holmes Youthful Trainee Act (HYTA). Under HYTA, if you successfully complete probation, your case is dismissed and the record is sealed. No conviction. No public record. I’ve used HYTA to protect countless young people facing retail fraud charges. It’s one of the most powerful tools in Michigan criminal defense, and I know how to get judges to grant it. This opportunity is too important to handle without an experienced criminal defense attorney.

Call Shawn Now

Expungement for Retail Fraud

If you already have a retail fraud conviction on your record, Michigan’s expanded expungement laws may allow you to get it cleared. Retail fraud convictions — including felony first degree — can often be expunged. I’ve maintained a 100% expungement success rate. Let me help you clear your record.

Retail fraud

Courts Where I Defend Retail Fraud Cases

I handle retail fraud cases in every Kent County court and across West Michigan, including:

  • 63rd District Court (Grand Rapids)
  • 61st District Court (Grand Rapids)
  • 62B District Court (Kentwood)
  • 59th District Court (Grandville/Walker)
  • 58th District Court (Holland)
  • 60th District Court (Grand Haven)
  • 17th Circuit Court (Kent County — felony cases)

Don’t Let a Shoplifting Charge Ruin Your Life

A retail fraud charge feels overwhelming, but this is fixable. I’ve gotten these charges reduced and dismissed hundreds of times. Let me look at your case, explain your options, and build your defense.

Call me at 616-438-6719 right now. The consultation is free. You can also check out my case results and FAQ page for more information — but the best thing you can do is pick up the phone.

Call Shawn Now

Frequently Asked Questions

Michigan retail fraud penalties depend on the degree. Third degree (under $200) carries up to 93 days in jail. Second degree ($200-$999) carries up to 1 year in jail. First degree ($1,000+) is a felony carrying up to 5 years in prison. All degrees include fines and a permanent criminal record. Prior convictions can elevate the charge to a higher degree.

Yes. An experienced retail fraud attorney can get charges dismissed by challenging intent, disputing the evidence, questioning merchandise valuations, or identifying constitutional violations. For defendants aged 17-26, the Holmes Youthful Trainee Act (HYTA) can result in dismissal and a sealed record upon successful completion of probation.

First degree retail fraud — involving merchandise valued at $1,000 or more — is a felony in Michigan carrying up to 5 years in prison. Second and third degree retail fraud are misdemeanors. However, prior retail fraud convictions can elevate a lower-degree charge to a higher degree, potentially making a misdemeanor offense a felony.

Yes. Retail fraud convictions — including felony first degree — are eligible for expungement under Michigan’s expanded expungement laws. An expungement petition can be filed after completing your sentence and waiting period. Attorney Shawn Haff has a 100% expungement success rate and can evaluate your eligibility.

HYTA is a Michigan law that allows defendants aged 17-26 to avoid a criminal conviction. If granted HYTA status, you complete a probation period. Upon successful completion, your case is dismissed and the record is sealed from public view. HYTA is commonly used in retail fraud cases and is a powerful tool to protect young people’s futures.

"When I needed help, Shawn assured me I would be ok. He explained the criminal process to me and got me outstanding results. I will use him again if I ever need his outstanding legal services. Thanks so much!"
Christy F.
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