Utah Theft Lawyer

In Utah, if you are being prosecuted for theft, you could be facing a variety of penalties including jail time, a permanent record, and hefty fines. It can be stressful and scary to have criminal charges pending. You need someone on your side to help you navigate the system, do not let one mistake or blemish on your record effect you for the rest of your life.  Let Weber Law help you keep your record clean.

What is theft?

The statute in Utah for theft is extremely simple and to the point. A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof. What makes the charge of theft more complicated are the different categories of theft. For example, theft by deception, theft by extortion, embezzlement, or retail theft.

Theft by deception is categorized by obtaining or exercising control over property of another person by deception and with a purpose to deprive the other person of property. For example, telling someone you are going to fix a piece of their property, but stealing it instead. 

Theft by extortion is categorized by obtaining or exercising control over property of another person by threatening to cause physical harm in the future to the person threatened or to any other person at any time, accuse any person of a crime or expose him to hatred, contempt, or ridicule, engage in other conduct constituting a crime, bring about or continue a strike, boycott, or other similar collective action to obtain a property which is not demanded or received for the benefit of the group. For example, if you tell someone you will hurt them if they do not give you something of theirs. 

Retail theft is categorized by taking, concealing, carrying away, transferring any merchandise displayed held, stored, or offered for sale in a retail mercantile establishment with the intention of keeping that merchandise. It also includes altering, transferring, or removing any label or price tag, in order to keep the merchandise. Additionally, if you remove a shopping cart from the premises of the retail store with the intent of keeping it, you could be charged with retail theft.

Another theft charge in Utah is embezzlement. It encompasses a person who is in a position of power or trust, who has access to assets of another party and steals those assets. An example of embezzlement would be if you were a financial advisor and had access to a person’s bank accounts, stocks, trades, etc. and you used your access to take money from those accounts, for your own personal use. The penalty is determined by the amount that was taken.

What is the Punishment for theft in Utah?

Theft is punishable by a wide range of penalties, depending on the value of the item that was taken, how it was taken, and even more specifically what type of property was taken.

If the value of the property that is stolen is or exceeds $5,000, a firearm or an operable motor vehicle, or property stolen from another person, it is categorized as a second degree felony.

If the value of the property that is stolen is or exceeds $1,500 but is less than $5,000, it can be charged as a third degree felony.

If the value of the property or services is or exceeds $500 but is less than $1,500, or the theft occurs on a property where the offender has committed any theft within the past five years, it is considered a class A misdemeanor.

A third degree felony is punishable by up to five years imprisonment and a fine of up to $5,000.00. 

A second degree felony is punishable by one to fifteen years imprisonment, and up to a $10,000 fine.

A class A misdemeanor is punishable by up to one-year imprisonment and a fine of up to $1,000.00.

How Can You Fight It?

If you are being prosecuted for theft in Utah, whether a felony or misdemeanor, there are a few ways Weber Law can fight for you. There are defenses against the crime of theft which include but are not limited to, not realizing you were stealing, thinking you paid for the item, or thinking the victim gave the item to you. Weber Law can help lower the charge to a lesser crime, lowering your sentence for less jail time, lowering your fine amount, or representing you at trial, let Weber Law work for you. By looking at potential evidence such as video surveillance, your criminal record, and potential eye witness testimony, Weber Law will make sure to look at all the details of your case. At Weber Law we are experienced in defending these charges, winning these cases, and creating an outcome you can be happy with. An outcome that will allow you to live a life free of a criminal charge. These are not charges you want to face alone, let Weber Law help you navigate the criminal justice system. The court room can be a very intimidating place, let Weber Law do the work for you. If you or anyone you know are being prosecuted for theft in the state of Utah, call Weber Law today for a consultation.

• Utah Code § 76-6-405, Theft by deception 
• Utah Code § 76-4-401, Definitions
• Utah Code § 76-6-602, Retail theft, acts constituting
• Utah Code § 76-6-404, Theft—elements
• Utah Code § 76-6-412, Theft – Classification of offenses – Action for treble damages.
• Utah Code § 76-6-406, Theft by extortion
• Utah Code § 76-6-403, Theft – evidence to support accusation