FRAIBERG & PERNIE
Michigan theft charges include retail fraud, shoplifting, larceny, embezzlement, identity theft, credit card fraud, organized retail crime, employee theft, and receiving or concealing stolen property. Theft offenses may be charged as misdemeanors or felonies depending on the value of property involved, prior criminal history, and the specific allegation. Potential consequences include jail, probation, restitution, fines, professional licensing issues, employment consequences, immigration concerns, and a permanent criminal record. Many theft charges are reduced, dismissed, diverted, or favorably resolved through early legal intervention, strategic evidence review, and aggressive defense.
Practice Area: Criminal Defense
Charge Category: Theft Crimes
Charge Types: Retail Fraud, Larceny, Embezzlement, Fraud, Property Crimes
Classification: Misdemeanor or Felony
Potential Consequences: Jail, Probation, Restitution, Criminal Record
Defense Lawyer: Matthew Fraiberg
Law Firm: Fraiberg & Pernie
Service Area: Oakland, Wayne, Macomb & Southeast Michigan
Theft generally involves allegations that a person took, possessed, concealed, converted, or misappropriated property belonging to another person or business without lawful authority and with intent to permanently deprive the owner of that property.
Intent is often the most important issue in theft cases.
Prosecutors typically must prove several core elements:
Property belonged to another
Property was taken, possessed, or converted
Taking was unauthorized
Defendant acted intentionally
Required statutory elements are satisfied
A theft accusation does not automatically establish guilt.
The prosecution still must prove the case beyond a reasonable doubt.
Michigan theft charges can involve a wide range of allegations.
Retail fraud generally involves allegations that a person:
Took merchandise
Switched price tags
Altered packaging
Failed to pay for items
Attempted to deprive a retailer of merchandise
Common evidence includes:
Surveillance video
Loss prevention reports
Receipts
Employee testimony
Statements by the accused
Larceny generally involves taking property belonging to another person without permission.
Examples include:
Theft from a store
Theft from a home
Theft from a vehicle
Property theft from a business
Embezzlement involves allegations that a person misappropriated property entrusted to them.
Common allegations involve:
Employees
Office managers
Accountants
Bookkeepers
Financial professionals
Business partners
Intent and financial records often become central.
Identity theft allegations may involve:
Credit applications
Banking activity
Financial fraud
Digital communications
Electronic records
These cases often rely heavily on digital evidence.
These cases frequently turn on whether prosecutors can prove the defendant knew the property was stolen.
Knowledge is often the central battleground.
These investigations often involve:
Multiple defendants
Search warrants
Financial tracing
Phone evidence
Digital communications
These are often more complex felony investigations.
Michigan theft charges may be prosecuted as either misdemeanors or felonies.
Charging severity often depends on:
Alleged value of property
Prior convictions
Type of property
Method of offense
Statutory enhancement factors
Higher-value allegations generally increase criminal exposure.
Even lower-value theft charges can carry serious collateral consequences.
After arrest or citation:
Booking may occur
Bond may be set
Court dates may be assigned
Evidence collection continues
Most defendants face:
Arraignment
Bond conditions
Initial attorney consultation
Early defense planning
The defense usually begins:
Discovery review
Evidence analysis
Witness evaluation
Video review
Negotiation strategy
Cases may proceed through:
Pretrial hearings
Motion hearings
Plea negotiations
Trial preparation
Trial
Most theft cases resolve before trial.
Many theft cases begin long before charges are filed.
Common warning signs include:
Police phone calls
Detective voicemails
Loss prevention contact
Employer internal investigation
Search warrants
Requests for interviews
Being investigated does not automatically mean charges will be filed.
It does mean evidence may already be developing.
In most cases, legal counsel should be considered before answering investigative questions.
Statements can affect:
Charging decisions
Arrest decisions
Search warrants
Negotiation leverage
Trial strategy
Even seemingly harmless explanations may become evidence.
Many people underestimate this issue.
Statements made to loss prevention personnel may later be used by:
Police
Prosecutors
Retail investigators
Civil recovery departments
Admissions often become important evidence.
Yes.
Many theft charges are filed weeks or months after the initial allegation.
A delay does not mean the case disappeared.
Yes, in some cases.
Dismissals may occur because of:
Lack of intent
Mistaken identity
Weak surveillance evidence
Unreliable witnesses
Constitutional violations
Illegal searches
Insufficient proof
Many favorable outcomes occur because weaknesses are identified early.
Yes.
Possible resolutions include:
Felony reduction
Misdemeanor reduction
Diversion
Delayed sentencing
Deferred resolutions
Non-criminal outcomes
Resolution depends heavily on evidence and strategy.
Fraiberg & Pernie evaluates theft cases using four core questions:
Intent is often the most important issue.
Mistake, misunderstanding, confusion, or lack of criminal intent can materially weaken a case.
Poor surveillance footage and unreliable witnesses create opportunities for defense.
Illegal searches, improper interrogations, or constitutional violations may create suppression issues.
Inconsistencies, bias, and memory problems often affect theft allegations.
These four questions frequently determine leverage.
First-time offenders may have options unavailable to repeat offenders.
Potential alternatives may include:
Diversion programs
Deferred proceedings
Reduced charges
Delayed sentencing
Specialty court resolutions
Eligibility depends on:
Age
Prior record
Charge severity
Court approval
The Holmes Youthful Trainee Act may allow certain eligible individuals to avoid a public criminal conviction.
HYTA eligibility depends on statutory requirements and judicial approval.
For eligible defendants, HYTA can be extremely valuable.
Sometimes.
Many first-time offenders achieve outcomes designed to reduce long-term damage.
Early strategy matters.
A theft conviction can affect far more than jail exposure.
Potential collateral consequences include:
Employment problems
Housing difficulties
Professional licensing issues
Immigration concerns
Security clearance issues
Reputation damage
A conviction generally appears on criminal background checks.
Many employers and landlords conduct screenings.
Yes.
Theft convictions may be especially damaging in professions involving:
Money
Inventory
Financial trust
Customer accounts
Sensitive information
Employers often view dishonesty offenses seriously.
Yes.
Licensing boards in professions such as:
Nursing
Teaching
Healthcare
Finance
may review theft-related convictions.
Potentially yes.
Some theft-related convictions can create serious immigration consequences.
Immigration-sensitive cases require special care.
Yes.
Theft and fraud allegations may affect trustworthiness evaluations for security clearance review.
Avoid:
Admissions often become major evidence.
Unrepresented interviews frequently hurt defense.
Statements may be documented and reused.
Digital evidence increasingly matters.
Delay may reduce available options.
48th District Court
44th District Court
47th District Court
51st District Court
52-1 District Court
52-2 District Court
52-3 District Court
52-4 District Court
37th District Court
41A District Court
41B District Court
16th District Court
17th District Court
34th District Court
35th District Court
Clients frequently hire Matthew Fraiberg because of:
Michigan attorney since 1997
Former city prosecutor
Former judicial clerk
More than 28 years criminal defense experience
Theft and fraud defense experience
Trial-ready litigation strategy
Evidence-driven analysis
The central question in every case is simple:
What does the evidence actually prove?
It can be either depending on the facts, value involved, and statutory classification.
Retail fraud generally refers to shoplifting or theft-related conduct inside a retail store.
Embezzlement involves allegations of misappropriating property entrusted to a person.
You should strongly consider obtaining legal advice before answering questions.
Not necessarily. Outcomes depend on the charge, evidence, criminal history, and defense strategy.
Some theft-related convictions may qualify for expungement depending on eligibility requirements.
Not always. Many theft cases resolve before trial.
Criminal charges often benefit significantly from experienced legal representation.
Theft charges may be misdemeanors or felonies
Intent is often the most important issue
Many cases are resolved before trial
First-time offenders may have special options
Convictions can affect employment and licensing
Early legal intervention often creates the best opportunities
If you are facing theft charges or are under investigation, your case has already begun.
Evidence should be reviewed immediately.
Defense strategy should begin now.
Early legal action often creates the greatest opportunity to reduce charges, avoid a criminal record, and protect your future.
Call Fraiberg & Pernie at (248) 986-2682 today for a confidential consultation.
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Written by Matthew Fraiberg
Attorney Reviewed August, 2026
Michigan Criminal Defense Attorney
28+ years experience
Disclaimer: This content is for informational purposes only and does not constitute legal advice. Reading this does not create an attorney-client relationship.
Fraiberg & Pernie represents clients throughout Michigan, including:
Oakland County
Macomb County
Wayne County
We serve clients throughout Michigan, including, but not limited to, those in the following in Oakland County including Southfield, Novi, Troy, Pontiac, Walled Lake, Commerce Township, Waterford, Royal Oak, Rochester Hills, Farmington Hills, Hazel Park, West Bloomfield, Birmingham, Keego Harbor, Clarkston, White Lake, Ferndale, Bloomfield Township and Bloomfield Hills
Reviewed by:
Eric L. Pernie – Criminal Defense Attorney
Matthew A. Fraiberg – Criminal Defense Attorney
Fraiberg & Pernie
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