Facing a Theft Charge in Salt Lake City?
An Experienced Salt Lake City Theft Defense Attorney from Conyers & Nix Can Help
Theft encompasses multiple elements outlined in Utah Code § 76-6-404. You may steal a $10 item and face relatively minor consequences, or you may face a second-degree felony if the property is:
- Worth $5,000 or more
- A stolen firearm or motor vehicle
- Stolen from another person As your Salt Lake City theft defense attorney, we’ll help you understand the charges you face and defend you to the fullest extent of the law.
We’re a team of attorneys who have worked as public defenders and helped people just like you overcome theft charges and move on from this turbulent time in their lives.
We’ve represented thousands of clients with the fierce advocacy that they deserve. Theft is a crime that you need to have in-depth knowledge of because it can fall into multiple categories:
Burglary
A burglary occurs when someone enters or remains on private property illegally. You commit a burglary if you stole something from the property, but if nothing was stolen, it may be deemed “attempted burglary.”
You can also face aggravated burglary if you cause bodily harm to another person during the crime or if you threaten the person with a dangerous weapon.
Robbery
If you steal property from another person by one of the following, it’s considered robbery:
- Causing the person to feel like they are in immediate harm
- Force
- Threat of force
Using a deadly weapon or injuring a person during a robbery will elevate the charges to an aggravated robbery.
Embezzlement
When a person is entrusted to manage the property and you steal all or part of it for your own personal gain, this is considered embezzlement. Professionals and businesses may be accused of embezzlement, but you can also be charged with this offense if you were responsible for a person’s finances and stole their money.
Theft of Services
You may be accused of theft of services if you threaten or use deception or force to obtain services.
Don’t face theft charges alone. We’re here to work by your side to achieve the best possible outcome in your case.
Contact us if you or someone you love is facing theft charges.
Are Theft Crimes Considered Misdemeanor or Felony Charges?
Facing a misdemeanor or felony charge is always a reason to hire a Salt Lake City theft defense attorney. We’ll work tirelessly to defend your rights and try to help you beat or reduce the charges against you.
Theft can be either a misdemeanor or a felony.
Misdemeanor Charges
When the value of an item is less than $500, it will likely be a class B misdemeanor. You’ll face a class A misdemeanor charge if the value is over $500 but under $1,500.
However, if you have been convicted of theft within the past five years and the merchant provides written notice prohibiting the location, you can be charged with a Class A misdemeanor if the property is valued at less than $500.
Third Degree Felony
A third-degree felony occurs when the theft involves property with a value of more than $1,500 but less than $5,000.
You can also face third-degree felony charges under one of the many circumstances below:
- The item in question is a catalytic converter
- The item stolen is metal of 25 pounds or greater, but the value is less than $5,000
- You’ve been convicted twice in the past 10 years of theft, robbery or burglary, and the value of the property is valued at $500 or more
- The theft occurs within 5 years of another theft on the same property and the value of the items is more than $500 but less than $1,500
- You have been notified by the merchant in writing that you’re prohibited from entering the property, but you do so anyway to commit theft
Second Degree Felony
A second-degree felony occurs in three main circumstances:
- Property value exceeds $5,000
- You stole an automobile that’s operable or a firearm
- You stole from the person of another
Theft charges can have serious consequences and can remain on your record for an extended period of time.
How Long Could a Theft Crime Stay on Your Record?
If you’re convicted of a theft crime, it could potentially stay on your record for life. Depending on the type of offense, Utah’s Clean Slate Law may apply to your case, which would automatically wipe the conviction from your record after a certain period of time.
- Class B misdemeanors may be eligible for automatic expungement after 6 years from the date of adjudication
- Acquittals may be expunged after 60 days
- Dismissals may be expunged after 180 days
Some types of offenses are eligible for expungement through the state’s petition-based process. These include:
- Class A misdemeanors, which have a 5-year waiting period
- Felonies, which have a 7-year waiting period
Certain types of records cannot be expunged, including capital felonies, some violent felonies and other specific crimes.
Even if the offense would be eligible for expungement, there’s still a lengthy waiting period during which the crime will remain on your record.
A lawyer can help you fight to have the charges dismissed or reduced to a lesser crime, shortening the time it will impact your life.
Do You Need to Hire a Lawyer to Defend Against Your Theft-Related Charges?
Theft charges are serious. Even if this is your first offense and the monetary value of the stolen items is negligible, you still face fines and potential jail time.
Now is not the time to take a DIY approach to your defense.
An experienced and reputable Salt Lake City theft defense attorney can help you in several ways. They can:
- Explain the charges, potential penalties, and the impact of those penalties
- Help you find the best course of action in your case
- Negotiate to reduce the charges or penalties
- Fight to get the charges dropped
- Advocate on your behalf to defend your rights
Depending on the circumstances of the case, there may be several defenses your attorney can use.
- Maybe you believed that the property was yours or that you had a valid claim to the property
- Perhaps you were intoxicated, and because you were impaired, you believed the property was yours.
After reviewing the facts and circumstances of the case, your attorney will work to build a strong defense and fight to have the charges or penalties reduced.
While you’re not legally obligated to hire a lawyer, it’s in your best interest to do so.
A conviction can have a snowball effect. For example, if you have two prior convictions for theft in the last 10 years, a third conviction would be charged as a third-degree felony. Felony charges can result in five years in prison and a fine of up to $5,000.
How Can an Experienced Salt Lake City Theft Defense Attorney Help You?
Theft is a serious crime that can result in hefty fines, jail time and other penalties. Having an experienced Salt Lake City theft defense attorney on your side is crucial.
An attorney will help you understand the charges against you, fight to protect your rights and work to build a solid defense for your case.
For more than a decade, we’ve been fighting for our clients, serving as fierce advocates inside and outside of the courtroom. We’ll be with you every step of the way and keep you informed of our strategy from start to finish.
If you’re facing charges of theft, contact us today to discuss your case.