Defending Shoplifting Charges in Salt Lake City
Shoplifting charges in Salt Lake City start at the class B misdemeanor level, but can be charged at higher levels based on the value of the merchandise or on the prior history of the person charged. Many shoplifting charges are prosecuted through Utah’s justice court system.
Whether filed in the justice court or district court, retail theft is a charge that can result in a criminal conviction, jail time, fines, and more. Having an experienced defense attorney on your side is important.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
Elements of a Shoplifting Case
Utah Code section 76-6-602 establishes the elements of a retail theft charge. Many Salt Lake shoplifting cases are based on allegations that a person removed merchandise from the store without paying for it. But a shoplifting charge can also be filed for changing price tags, switching product containers, intentional under-ringing by a cashier, skipping an item in a self-scan checkout, or even removing a shopping cart from store premises.
The most common form of shoplifting occurs when a person “[t]akes possession of, conceals, carries away, transfers or causes to be carried away or transferred, any merchandise displayed, held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession, use or benefit of such merchandise without paying the retail value of such merchandise.”
This form of shoplifting consists essentially of two elements: an intent or state of mind (mens rea) and a set of physical actions (actus reus). Both relate to “merchandise displayed, held, stored or offered for sale in a retail mercantile establishment.”
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
The action element of the statute can be met with evidence that the person simply took possession of or concealed the merchandise in question. Picking an item up, putting it in a shopping cart, slipping it into a pocket, hiding it under a jacket, or putting it somewhere that it will not be noticed — all of these can constitute the required act, if also accompanied by proof of the required mental state.
One commonly held misconception regarding retail theft is that a person cannot be charged with retail theft unless they leave the store with the merchandise. This is not true. Utah law prohibits even taking possession of merchandise (picking it up), if the person has the requisite mental intent and has not paid for the item. Of course, it is easier to prove that the person intended to commit retail theft if the person has left the store without paying for the merchandise. But if the prosecutor can prove that the person had the required intent, a theft charge can still be filed when the person did not leave the store before being “caught.”
Do I need an attorney for a shoplifting charge?
Retail theft is often viewed as a relatively “minor” criminal charge. But the effects of a conviction can be serious and long-lasting.
Understanding your goals is the first step to developing the best defense strategy.
A conviction for shoplifting can carry the potential for jail or prison time, plus thousands of dollars in fines. Any criminal record can also make it more difficult to find a job.
Expungement of a retail theft charge is possible (assuming a person does not have too many other convictions), but reducing the level of the offense or obtaining a plea-in-abeyance dismissal can be important ways to shorten the waiting period for expungement eligibility.
Having an experienced criminal defense attorney on your side can help you achieve the best results in your case.
“Fighting Hard” is not always the right answer. The best attorneys understand when a more strategic approach can be more effective.
