A criminal charge for communications fraud in Utah can result in a felony conviction and a substantial jail or prison sentence. An experienced Utah criminal lawyer can help give you the best chance of successfully defending your case.
We provide defense representations to clients throughout Utah. Contact us today to schedule an initial consultation, and see the difference the right attorney can make.
The best defense attorneys ask questions that police don’t.
Elements of a Communications Fraud Charge in Utah
Code section 76-10-1801 states that a person “who has devised any scheme or artifice to defraud another or to obtain from another money, property, or anything of value by means of false or fraudulent pretenses, representations, promises, or material omissions, and who communicates directly or indirectly with any person by any means for the purpose of executing or concealing the scheme or artifice” is guilty of the crime of communications fraud.
The element of “communication” under the Utah statute casts a broad net that includes any kind of communication. Unlike federal wire fraud or mail fraud statutes that may require the use of specific means of communication, the Utah communications fraud statute can include written, electronic, telephonic, oral, or other communication “by any means.”
Penalties for Communication Fraud
The offense level for a communications fraud charge in Utah is based on the value of the “property, money, or thing obtained or sought to be obtained.” For values of $5,000 or more, a second degree felony charge can be filed. For values of $1,500 or more, but less than $5,000, a third degree felony charge may be filed. Values less than $1,500 will result in misdemeanor level charges.
The best attorneys understand your case involves more than just what happens in court.
Utah’s communications fraud statute bases the offense level on the value of property “obtained or sought to be obtained.” This can result in felony charges being filed even when no property or money is actually obtained by the defendant.
Finding the Right Defense Attorney
If you are facing prosecution for communications fraud in Utah, an experienced criminal defense attorney can help you achieve the best results for your case. Contact us today to schedule an initial consultation.
