Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com

What is Retail Fraud?

Retail fraud is stealing property from a store, altering or misrepresenting the price of property, or making a fraudulent return, while the store is open. The difference in price determines with what degree you will be charged.

• First degree: Up to 5 years in prison and/or $10,000

• Second degree: Up to 1 year in jail and/or $2,000

• Third degree: Up to 93 days in jail and/or $500

• Switching price tags on items for sale.

• Putting items in your purse and leaving the store without paying for them.

• Stealing something, then trying to return it to get money from the store.

• First degree: up to 5 years in prison and/or $10,000

• Second degree: up to 1 year in jail and/or $2,000

• Third degree: up to 93 days in jail and/or $500

What Defenses Are There?

Jury Instruction

1. The defendant is charged with retail fraud in the [first / second / third] degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

2. First, that the defendant took some property that the store offered for sale.

3. Second, that the defendant moved the property. Any movement is enough. It does not matter whether the defendant actually got the property past the cashier or out of the store.

4. Third, that the defendant intended to steal the property. By "intended to steal," I mean that the defendant intended to permanently take the property from the store without the store's consent.

5. Fourth, that this happened either inside the store or in the immediate area around the store, while the store was open to the public.

6. Fifth, that the price of the property was:

[Choose only one of the following unless instructing on lesser offenses:]

1. $1,000 or more.

2. $200 or more, but less than $1,000.

3. some amount less than $200.

OR

1. The defendant is charged with retail fraud in the [first / second / third] degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

2. First, that the defendant altered or switched a price tag [or in some other way misrepresented the price of property].

3. Second, that the defendant did this intending either to pay less than the actual price for the property or not to pay for the property at all.

4. Third, that this happened either inside the store or in the immediate area around the store, while the store was open to the public.

5. Fourth, that the difference between the sale price and the price the defendant intended to pay was:

[Choose only one of the following unless instructing on lesser offenses:]

1. $1,000 or more.

2. $200 or more, but less than $1,000.

3. some amount less than $200.

OR

1. The defendant is charged with retail fraud in the [first / second / third] degree. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:

2. First, that the defendant exchanged or tried to exchange property that had not been paid for and that belonged to the store. It does not matter whether the defendant tried to exchange it for money or other property.

3. Second, that the defendant did this with the intent to defraud or cheat the store.[*]

4. Third, that this happened during store hours, either inside the store or in the immediate area around the store.

5. Fourth, that the [amount of money / value of the property] that the defendant obtained or attempted to obtain was:

[Choose only one of the following unless instructing on lesser offenses:]

1. $1,000 or more.

2. $200 or more, but less than $1,000.

3. some amount less than $200.

Why Should You Hire the Ambrose Law Group?

Not all law firms are the same! Where most Criminal Defense Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National Criminal Defense College, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.

We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, all video and audio recordings, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.

You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.

Related Topics

• Larceny

• Larceny by Conversion

• Larceny by Trick

• Larceny from a Motor Vehicle

• Larceny from a Person

• Larceny in a Building

• Embezzlement

• Credit Card Fraud

• Writing Bad Checks

• Identity Theft

• Retail Fraud-First, Second and Third Degree

• Robbery-Unarmed

• Robbery-Armed

• Robbery of a Bank, Safe or Vault

• Receiving or Concealing Stolen Property

• False Representation (False Pretenses)

• Filing a False Report

• Breaking and Entering

• Home Invasion

• Unlawful Entry