Legal Question in Criminal Law in Michigan

Re: why was I charged with a felony?

Don't look at today's statutory language ... look at the language in place when the crimes happened. Laws change over the years, and this one did in a big way.

Back in 1989, there were just two levels of Retail Fraud: first and second degree. (There was no Retail Fraud 3rd Degree, like there is now.) First degree included thefts of $100 or more, OR a theft of under $100 with a prior conviction for retail fraud or a larceny. Second degree included shopliftings under $100.

So, in 1989, your RF2nd conviction was for the lowest-level charge available. In 1995, you were charged with RF1st because of the item's value ($100 or more) and/or the prior conviction ... but it was not uncommon to plea-bargain such a charge down to Attempted RF1st.

On 01/01/1999, things changed (primarily raising the monetary-value thresholds, but also adding a new level of the crime). We now had three levels of Retail Fraud, mostly broken down by the item's value. (Similar changes were made to other "property crime" statutes like embezzlement, larceny, malicious destruction of property, etc.). Retail Fraud Third Degree (93-day misdemeanor) = under $200 ... Retail Fraud Second Degree (1-year misdemeanor) = $200-$999, OR under $200 with a prior conviction for retail fraud / larceny ... Retail Fraud 1st Degree (felony) = $1,000 or more, OR $200-$999 with a prior conviction for a 'true' Retail Fraud Second Degree.