Theft Charges Utah

In Utah, the law reads:A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive his thereof.Click Here for : Utah Code Ann. § 76-6-404  

Theft of property and services as provided in this chapter is punishable:(a) as a second degree felony if the:(i) value of the property or services is or exceeds $5,000;property stolen is a firearm or an operable motor vehicle;(iii) actor is armed with a dangerous weapon, as defined in Section 76-1-601, at the time of the theft; or(iv) property is stolen from the person of another;(b) as a third degree felony if:(i) the value of the property or services is or exceeds $1,500 but is less than $5,000;(ii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current

conviction is based and at least one of those convictions is for a class A misdemeanor:(A) any theft, any robbery, or any burglary with intent to commit theft;(B) any offense under Title 76, Chapter 6, Part 5, Fraud; or(C) any attempt to commit any offense under Subsection (1)(b)(ii)(A) or (B);(iii) in a case not amounting to a second degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes; or

(iv)(A) the value of property or services is or exceeds $500 but is less than $1,500;(B) the theft occurs on a property where the offender has committed any theft within the past five years; and(C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108;(v) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current

conviction is based and the value of the property stolen is or exceeds $500 but is less than $1,500; or(vi) the actor has been previously convicted of a felony violation of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C);(c) as a class A misdemeanor if:(i) the value of the property stolen is or exceeds $500 but is less than $1,500;(ii) (A) the value of property or services is less than $500;

• (B) the theft occurs on a property where the offender has committed any theft within the past five years; and

• (C) the offender has received written notice from the merchant prohibiting the offender from entering the property pursuant to Section 78B-3-108; or

• (iii) the actor has been twice before convicted of any of the offenses listed in Subsections (1)(b)(ii)(A) through (1)(b)(ii)(C), if each prior offense was committed within 10 years of the date of the current conviction or the date of the offense upon which the current conviction is based; or

• (d) as a class B misdemeanor if the value of the property stolen is less than $500 and the theft is not an offense under Subsection (1)(c).

• (2) Any individual who violates Subsection 76-6-408(1) or Section 76-6-413, or commits theft of property described in Subsection 76-6-412(1)(b)(iii), is civilly liable for three times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees.

In essence, Utah considers theft charges if you take something of another person, family member, business or the like. The act of keeping it, selling it or not returning it constitutes theft.Further, there are other theft charges that may be assessed (Click on the link For Utah Code) which can include:Repair and Rental AgreementsRental CarServices: Cable, Utilities, Audio, Video, DataServices: Labor Transportation, EntertainmentStolen Property: Receiving Stolen PropertyIncorrect Delivery, Mislaid or Lost PropertyTheft By ExtortionTheft By DeceptionStealing Fuel From Vehicles

 Penalties You May Be FacingIn all states there are criminal penalties codes. In Utah, just as in other states, there are penalties, fines and punishments set according and determined primarily by the value of what was stolen. Utah is unique in the respect that they also classify some of the theft cases by looking at what the actual property or item was that happened to be stolen or procured. In fact, in Utah you can be charged with a felony regardless of the value of the item due to the actual classification.

Utah Code: 76-6-412 States: A law unique to Utah also includes the civil penalties. A shoplifter can be required to pay the shop owner. This could include:What Penalties Can Be Assessed Civilly?Paying for damages by being required to pay the retail price of items not returned in good condition to sell.Penalized for the amount of the retail price cannot to exceed $1000Court Imposed Penalty = $100-$500Attorneys Fees= provided the owner had to file the court case to get their property or money back and incurred fees.

A lesser known part of Theft Charges is that minors who commit acts of shoplifting or theft can have repercussions on the minors parents. The responsibility for the parents of the minor can include:Retail price of the item stolenCourt Determined =$50-$500 Click Here to Read More : Utah Code Ann. § 78B-3-108 

Civil Damages In UtahThere are civil damages in Utah that may be asked for or awarded. This means that the victim is actually able and entitled to three times the actual damage. If damages either physically or monetarily were taken, demonstrated or acted against a person it will be determined eligible for reimbursement of any and all damages sustained during the theft. It will also be eligible for the victim to ask for attorney fees and costs. Click on these links to read more about:Animals used on farms or raised for business purposes. This is a 2nd Degree Felony.Knowingly accepting property that has been stolen.Freeing/Releasing animals that are fur-bearing business related animals. This is a 2nd Degree Felony.

Prior Convictions And Their Effects On Future CasesUtah Has a rule that if you have offended in the previous 10 years or been convicted on two separate cases of any theft, burglary with intent to defraud, rob or commit these acts it will become a third degree felony to commit another crime. Read Here: Utah Code

If you have been accused of  theft, shop lifting , retail theft , theft by deception , fraud , forgery  , car theft, insurance fraud, identity theft , identity fraud  in Utah, you may want to speak with criminal attorneys Ogden  about criminal law Ogden. Further, Ogden Criminal defense is an experienced Criminal Defense Attorneys in Provo Utah can assist you in understanding all of your alternatives. The best criminal defense attorneys in Ogden or best criminal defense attorney in Lehi can help with your case. The best criminal defense attorney in Lehi or Ogden criminal defense attorney Stevens can help if you are faced with a Protective order violation. Ogden Criminal Defense is here to help. Ogden Criminal Lawyer, Vince Stevens can help. HD Gailey lawyers in American Fork are the best criminal defense attorneys Ogden

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