Theft crimes in Utah are taken seriously and can result in severe penalties, including hefty fines, jail time, and a permanent criminal record. Whether the charge is for shoplifting, burglary, embezzlement, or another form of theft, a conviction can have lasting consequences on your personal and professional life. If you or a loved one has been accused of a theft crime in Utah, it’s essential to understand your rights and the legal defenses available to you. In this blog post, we’ll provide an overview of the types of theft crimes in Utah, potential penalties, and effective defense strategies that can help protect your future.



What is Considered a Theft Crime in Utah?

Theft is broadly defined in Utah as unlawfully taking or exercising control over someone else’s property with the intent to deprive the owner of it. The specific charge you face will depend on the type of theft involved, the value of the stolen property, and the circumstances surrounding the incident. Common types of theft crimes in Utah include:

Theft by Unlawful Taking or Deception

• This is the most basic form of theft and involves taking someone else’s property without permission. Theft by deception occurs when an individual uses deceit or misrepresentation to obtain someone else’s property.

Shoplifting

• Shoplifting, or retail theft, involves taking merchandise from a store without paying for it. This can also include altering price tags or attempting to return stolen items for a refund.

Theft of Services

• Theft of services occurs when someone intentionally obtains services without paying for them. Examples include dining and dashing or tampering with a utility meter.

Receiving Stolen Property

• An individual can be charged with theft if they knowingly receive or buy property that they know or should have known was stolen.

Embezzlement

• Embezzlement involves taking money or property that was entrusted to you, often in a professional or fiduciary setting, such as an employee stealing from an employer.

Robbery

• Robbery is a more serious offense and involves using force or the threat of force to take property from someone. Because it involves violence or the threat of violence, robbery is prosecuted more harshly than other forms of theft.

Burglary

• Burglary involves unlawfully entering a building or dwelling with the intent to commit theft or another crime inside. The severity of the charge depends on whether the building is a residence, business, or other structure.

Identity Theft

• Identity theft involves using someone else’s personal information (such as their Social Security number or credit card information) to obtain goods, services, or other benefits fraudulently.

Penalties for Theft Crimes in Utah

The severity of penalties for theft crimes in Utah depends on the value of the stolen property and the specific circumstances of the offense. Theft offenses are classified into misdemeanors and felonies, with corresponding penalties.

• Class B Misdemeanor
• Value of stolen property: Less than $500.
• Penalties: Up to 6 months in jail and up to a $1,000 fine.
• Class A Misdemeanor
• Value of stolen property: Between $500 and $1,500.
• Penalties: Up to 1 year in jail and up to a $2,500 fine.
• Third-Degree Felony
• Value of stolen property: Between $1,500 and $5,000 or theft of a firearm or motor vehicle.
• Penalties: Up to 5 years in prison and up to a $5,000 fine.
• Second-Degree Felony
• Value of stolen property: Between $5,000 and $10,000 or if the offense involves extortion or theft from a vulnerable adult.
• Penalties: Up to 15 years in prison and up to a $10,000 fine.
• First-Degree Felony
• Value of stolen property: Over $10,000 or if the theft causes serious harm.
• Penalties: 5 years to life in prison and up to a $10,000 fine.

Potential Defenses Against Theft Charges in Utah

If you are facing a theft charge in Utah, it’s crucial to build a strong defense strategy. An experienced defense attorney can assess the details of your case and determine which defenses are most likely to succeed. Some common defenses include:

Lack of Intent

• To be convicted of theft, the prosecution must prove that you intended to permanently deprive the owner of their property. If there was no intent to steal—such as in cases of misunderstanding or mistake—you may have a viable defense.

Consent

• If the owner gave you permission to take or use the property, this could be a complete defense to the theft charge. Proving consent can sometimes be challenging, but witness testimony or written communications can support your case.

Ownership or Right to Possession

• If you believed you had a legitimate claim to the property or a right to possess it, this can serve as a defense. For example, disputes over shared property or business assets may give rise to theft accusations, but a valid claim can undermine the prosecution’s case.

Entrapment

• Entrapment occurs when law enforcement induces someone to commit a crime that they would not have otherwise committed. This defense is only applicable if it can be shown that the defendant was not predisposed to commit the crime and was pressured or manipulated by law enforcement.

Mistaken Identity

• Theft charges can sometimes result from mistaken identity, especially in cases involving security footage or eyewitness testimony. If there is a possibility that someone else committed the theft, this can be raised as a defense.

Insufficient Evidence

• The prosecution bears the burden of proving your guilt beyond a reasonable doubt. If the evidence against you is weak or circumstantial, your attorney can argue that the prosecution has not met its burden, resulting in a dismissal or acquittal.

Why You Need an Experienced Theft Defense Attorney

Being charged with a theft crime in Utah can have serious consequences that go beyond the immediate penalties. A conviction can lead to a permanent criminal record, loss of employment opportunities, and damage to your reputation. An experienced theft defense attorney can:

• Analyze the Prosecution’s Case: A skilled attorney will carefully review the evidence against you, identify weaknesses in the prosecution’s case, and determine the best defense strategy.
• Negotiate on Your Behalf: If the evidence against you is strong, your attorney may be able to negotiate for reduced charges or alternative sentencing options, such as probation or diversion programs.
• Represent You in Court: If your case goes to trial, your attorney will build a compelling defense, cross-examine witnesses, and argue on your behalf to achieve the best possible outcome.
• Help You Understand Your Rights: The legal process can be confusing and overwhelming. Your attorney will explain your rights, guide you through each step, and ensure that you are fully informed about your options.

How Veronica K. McDougal, P.C. Can Help

If you or a loved one has been accused of a theft crime in Utah, it’s essential to seek legal counsel as soon as possible. At Veronica K. McDougal, P.C., we have extensive experience defending clients against a wide range of theft charges. We are committed to protecting your rights and helping you navigate the criminal justice system with confidence.