Criminal charges for theft in Utah can be based on a violation of a rental agreement, even without proof that the defendant intended to permanently deprive the owner.
Having an experienced Utah criminal lawyer on your side can be the best step toward ensuring that your rights are protected. Contact us today for an initial consultation.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Elements of a Utah Theft by Rental Agreement Charge
Most Utah theft charges require proof that the defended intended to permanently deprive the property owner of possession of the stolen property. Under the Utah criminal code, the crime of theft by rental agreement provides an exception to this general rule.
A violation of this criminal statute can be supported by evidence that the person renting an item used it in a way or manner that is a “gross deviation” from the intended use, or simply that the person renting the item did not return it at the time required under the rental agreement, and that the delay in returning the item was a “gross deviation” from the terms of the rental agreement.
Theft by rental agreement charges in Utah typically involve allegations that a person rented a car, tools, or other property, but failed to return the property at the required time. Returning rental property a few hours will not normally result in criminal charges being filed. Most rental companies will initially try to work with customers to secure the return of their property.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
But if a rental company cannot contact a customer, or if the property is held for an unreasonably long period of time, police may become involved and criminal charges can be the result.
Consequences of a Theft Conviction in Utah
A conviction for theft by rental agreement in Utah can result in substantial jail or prison time, and thousands of dollars in fines. The penalty for a criminal charge of theft by rental agreement is typically based on the value of the item(s) rented, and can range from a class B misdemeanor (maximum of 180 days jail) up to a second
degree felony (maximum of 15 years prison).
Finding a Criminal Defense Attorney in Utah
Under our Constitution, a person charged with a crime is presumed to be innocent and is guaranteed the right to a jury trial where the prosecution will be required to prove their case beyond a reasonable doubt. Some people prefer to reach a negotiated resolution with the prosecutor. Either way, having an experienced Utah criminal defense attorney on your side can be critical to defending your case and protecting your rights.
A successful defense strategy starts with an understanding of your goals and needs.
Contact us now to schedule an initial consultation. See the difference the right legal team can make for you.
