19th Dec 2023

‘Tis the Season to be Wary of these Top Holiday Crimes
holiday garland with berries and a set of handcuffs
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Estimated reading time: 5 minutes

The holidays are a wonderful time to come together and spend time with family and loved ones. For most, it is a time of happiness and joy, but for some, it could be a difficult season. Sometimes the holidays can bring about poor behavior and decisions. There are four criminal offenses that are heightened during the holidays.

OWI (Operating While Intoxicated also referred to as a DUI which is Driving Under the Influence)

With parties and gatherings galore during the holidays, it does not come as any surprise that OWI charges are more common during this time of the year. An OWI is considered a misdemeanor, but in some cases, depending on the circumstances, it could be considered a felony. The sequence of events are as follows if you are arrested because of an OWI: Brief Detainment, Arraignment, Pre-Trial Conference, and then Trial.

In Michigan, you could see the following penalties for a first offense OWI charge if your blood alcohol level is .08 to .17:

  • Up to a $500 fine;
  • Up to 93 days in jail;
  • Up to 360 hours of community service;
  • Up to 180 days of license suspension; and/or;
  • 6 points on. your driver’s license.

You could see more severe penalties if your blood alcohol level is over .17, if you have multiple OWI charges, if there are children in the car, or if someone is injured or dies because of your intoxication.

Shoplifting

Shoplifting, also known as retail fraud, is a crime that is committed often; it is one of the most common property crimes, especially during the holiday season. With busy staff and crowded stores, shoplifters get away with the crime more easily. In Michigan alone in 2022, $2.298 billion in revenue was lost due to theft. A conviction of retail fraud is also public information.

The following is a breakdown of three different retail fraud charges and their penalties:

Third Degree Retail Fraud: Stealing something from a store totaling under $200. This is a misdemeanor charge which could be punishable by up to 93 days in jail.

Second Degree Retail Fraud: Stealing something from a store totaling $200-$1,000. This is a misdemeanor charge which could be punishable by up to one year in jail and up to $2,000 in fines.

First Degree Retail Fraud: Stealing something from a store totaling over $1,000. This is a felony charge and could be punishable by up to five years in jail and up to $5,000 in fines.

It is important to note that theft and robbery differ, in that theft is when someone takes property that is not theirs. Whereas robbery involves threats or use of force to steal something. The penalties above are for theft.

Receiving a ticket and being arrested for alleged retail fraud does not prove that the crime was committed. The criminal charge requires proof beyond reasonable doubt, that you in fact did commit the crime. Some examples of the proof needed are:

  • When you entered the store and actions you took when you were in the store.
  • That you took something the store sold.
  • That you physically moved the item(s) from the original position.
  • Eyewitness accounts of your activity. This could also include video accounts.
  • The value of the item taken fits the degree of the crime.

Identity Theft

With an influx of shopping during the holiday season, identity thieves are on high alert to steal credit cards, personal information, and social security numbers. They are looking for anything they can use to make purchases with your information. If you are charged with identity theft, it is a serious criminal offense and is charged as a felony in Michigan.

Depending on the circumstances surrounding the charge, you could see the following penalties for identity theft:

For a first offense identity theft charge you could see up to five years in prison, up to $25,000 in fines, or both.

For a second offense identity theft charge you could see up to ten years in prison, up to $50,000 in fines, or both.

For a third offense identity theft charge you could see up to 15 years in prison, up to $75,000 in fines, or both.

To help keep your identity safe this holiday season, make sure you do the following:

Domestic Violence

Unfortunately, with increased alcohol consumption and financial stress, the holiday season can also spark conflict and controversy with loved ones. Domestic violence charges are profoundly serious and can carry the following penalties:

A first domestic violence offense would be charged as a misdemeanor and punishable by up to 93 days in jail, a $500 fine, or both.

A second domestic violence offense would also be charged as a misdemeanor and punishable by up to one year in jail, a $1,000 in fines, or both.

A third domestic violence offense would be charged as a felony and punishable by up to five years in prison, a $2,500 fine, or both.

Along with these penalties, you could also see court ordered probation, counseling, lose custody of your children, or required to perform community service.

In sum, if you are charged with any of these four crimes, it is imperative that you seek legal counsel. These are all serious criminal offenses that can carry weighted penalties. You should have an experienced criminal law attorney to walk you through the process.

Written by Monika Koleci