Salt Lake Criminal Defense Lawyer - Utah Motor Vehicle Theft
Criminal charges for theft of a motor vehicle in Utah can
result in
felony
conviction and substantial jail or prison time. As a Utah
criminal
defense lawyer based in Salt Lake City, Stephen Howard has
extensive
experience defending
clients against serious felony and misdemeanor charges. If you are
facing criminal charges for motor vehicle theft in Utah (referred to as
"grand theft auto" in some other states),
contact us today to arrange
for an initial consultation.
Theft of a Motor Vehicle in Utah - Elements
Under Utah law, the level of a criminal charge for
theft can
range from mid-level
misdemeanor
to serious felony, and in most cases is determined by the value of the
item(s) taken. But in the case of a car, truck, van, or other motor
vehicle, a theft charge automatically starts at the second degree
felony level - regardless of the value of the vehicle involved. Thus,
in order to prove a second degree felony motor vehicle theft charge, a
prosecutor must prove all of the the elements of a standard theft
charge (unauthorized control over the property of another with the
intent to permanently deprive the owner thereof), and also prove that
the property taken was an operable motor vehicle.
In some cases, police may find a person in
possession of a vehicle that is believed to be stolen, but the police
may not be able to find evidence to prove that the person possessing
the vehicle actually stole the vehicle. In such cases, prosecutors may
file a charge of
theft
by
receiving or a more specific charge of
receiving
or transferring a
stolen motor vehicle. For either charge, the prosecutor must
be able to present evidence suggesting that the person knew or at least
had reason to believe that the vehicle was stolen. Merely possessing a
stolen vehicle, without proof that the person had the required state of
mind or intent, does not constitute a criminal offense in Utah.
Related offenses under the Utah criminal code include
theft of
a rental
vehicle,
unauthorized
control over a motor vehicle (joyriding)
41-1a-1314, false evidence of title and registration 41-1a-1315,
altered registration or license plates 41-3-703, and driving without
registration. Any of these criminal charges can carry serious
consequences. Hiring an experienced criminal lawyer can give you the
best chance of success in your case.
Consequences of Conviction for Motor Vehicle Theft in Utah
Motor vehicle theft charges in Utah typically begin at
the second degree felony level, punishable by a maximum
sentence of 1-15 years in prison
and a fine of up to $10,000 plus a 90% surcharge. Utah
criminal
law also provides an enhancement for group criminal activity
(often
called a "
gang
enhancement") which can increase the
level of the offense to a first degree felony punishable by up to life
in prison if the offense is committed "in concert with two or more
persons."
Finding a Criminal Defense Lawyer in Salt Lake City, Utah
Stephen Howard is an experienced and effective
Utah criminal defense lawyer
who
represents clients charged with motor vehicle theft and
other crimes throughout Utah. From his office in Salt Lake
City, he has
successfully handled thousands of serious felony charges. His
track record
includes not guilty verdicts or outright dismissals on cases including
theft,
burglary,
aggravated
robbery, and more.
As a
criminal
defense attorney based in Salt Lake City, Stephen Howard
offers legal services to clients throughout Utah. If you have
been charged with vehicle theft or any other crime in Utah,
contact us today to
schedule an initial consultation.