Elements of a Theft by Deception Charge
Utah criminal law contains several varieties of “theft” crimes. The offense of theft by deception occurs when a person “obtains or exercises control over property of another by deception and with a purpose to deprive him thereof.” The element of “deception” does not change the level of this theft offense, but it often means that other crimes may be filed in addition to the theft by deception charge.
One typical combination of charges is theft by deception and forgery. A person accused of passing a forged check and receiving cash by falsely representing that the check is good my be charged with both forgery (for passing the bad check) as well as theft by deception (for obtaining the cash or merchandise by deceiving the bank or store).
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Another typical combination arises when a person is accused of pawning stolen property. In this circumstance, a prosecutor may file a charge of theft by receiving stolen property
for possessing the stolen property that is being pawned, as well as a charge of theft by deception for obtaining payment from the pawn shop by falsely representing to the pawn shop that he or she had authority to sell or dispose of the property.
Penalties for a Theft by Deception Conviction
Whether a charge of theft by deception is charged as a misdemeanor or felony will usually depend on the value of the items taken. (Exceptions exist for theft charges involving a vehicle or a firearm – both of which can be filed at the second-degree felony level regardless of actual value.) At its lowest level, a conviction for misdemeanor theft by deception is punishable by up to 180 days jail. As values increase, a theft by deception charge can result in a second degree felony conviction and up to 15 years in prison.
Choosing the Best Defense Attorney for Your Case
If you are facing criminal charges for theft by deception in Utah, you face potential jail or prison time as well as thousands of dollars in fines. Theft by deception charges in Utah combine elements of theft with elements of fraud. Hiring an experienced Utah criminal defense attorney can be the best step toward ensuring that your rights are protected.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Contact us today to see how the right defense team can make a difference.
