Third Offense Prosecution for Shoplifting

My question involves criminal law for the state of: Michigan.
I was caught 2 times over 15 years ago for retail fraud. I stupidly just did it again. They put me under 2nd degree this time because I have a walking cast on my foot and they didn't want to have to deal with me on crutches and the cast. I looked up Michigan law on retail fraud penalties to see what I am looking at this time. I saw that 3rd degree describes this time because what I took was all under $200. Am I able to ask about this to be broght down to this at my court date? Is that the only requirements for it to be 1st, 2nd or 3rd?

Your prior convictions are what's getting you second degree instead of third degree.

See 750.356d (2) at:

http://www.legislature.mi.gov/(S(3ii...e=mcl-750-356d

I hope you have a good lawyer.