Being charged with retail theft in Utah can have severe consequences. Retail theft charges, similar to fraud or other crimes of dishonesty, can affect your employability and reputation. If you’re facing a retail theft charge, it’s crucial to avoid a conviction.
Utah classifies retail theft into three categories, depending on the value of the items allegedly stolen:
1. Class B Misdemeanor ($1 to $500)
If the value of the stolen item is less than $500, the charge will be a Class B misdemeanor.
2. Class A Misdemeanor ($500 to $1,500)
If the value of the stolen items falls between $500 and $1,500, it can be charged as a Class A misdemeanor.
3. Third-Degree Felony (Over $1,500)
For items valued over $1,500, retail theft is classified as a third-degree felony.
Utah’s retail theft laws allow for enhanced penalties if there are prior convictions. If you’ve been convicted of retail theft within five years of a new charge, the new offense can be charged at a higher level.
Other enhanceable charges in Utah include DUIs, drug possession, and domestic violence.
First-time retail theft offenders may be eligible for a Plea in Abeyance, which could result in the dismissal of charges if all court conditions are met. However, even dismissed charges may still be used for enhancement in future cases.
Retail Theft Restitution Issues
A conviction will require you to pay criminal restitution to cover the cost of the stolen items. In clear-cut cases, such as items from a retailer like Walmart, restitution amounts are straightforward. However, disputes can arise, especially with hard-to-value items like antiques. A skilled retail theft attorney can help resolve valuation disputes in your favor.
If convicted of retail c, you may eventually qualify for an expungement, but you must meet specific waiting periods:
Your expungement eligibility begins when your case closes successfully, and all restitution is paid.
A Rule 402 Reduction can reduce the severity of your conviction by one degree. For example, a third-degree felony could be reduced to a Class A misdemeanor. This reduction can significantly improve your record and ease the impact of a conviction.
Several defenses are available for retail theft charges, including:
1, Lack of Intent: The prosecution must prove you intended to steal. If it was an accident (e.g., you walked out without realizing you had an item), this could be a defense.
2. Valuation Disputes: The stolen item’s value must be proven beyond a reasonable doubt, especially if it affects the severity of the charge.
3. Mistaken Identity: Poor surveillance footage or delays in arrest can lead to cases of mistaken identity.
If convicted of a misdemeanor retail theft charge in Provo or Orem, the court may impose:
If you’re facing retail theft charges, call Provo Orem Criminal Defense Attorney Jake Gunter for a free consultation at (801) 373-6345. The right legal defense can make all the difference in your case.
Here are some helpful resources for individuals facing retail theft charges:
