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 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.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
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 Auto Theft
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.”
The best attorneys understand your case involves more than just what happens in court.
Finding a Criminal Defense Lawyer in Utah
Criminal charges for theft of a motor vehicle in Utah can result in felony conviction and substantial jail or prison time. 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.
