Ogden Shoplifting/Retail Theft Defense
A criminal conviction for shoplifting/retail theft in Ogden can range
from a class B
misdemeanor (180 days jail) to a second-degree
felony
(1-15 years prison). Typically, the level of charge is determined by
the value of the merchandise involved; but the level of a charge can
also be increased based on prior theft-related convictions.
Experienced and accomplished
Utah
criminal defense attorney Stephen Howard has
successfully
counseled clients in thousands of serious felony and
misdemeanor cases.
If you are faced
with criminal charges for shoplifting or retail theft in Ogden or
anywhere in Utah, Stephen Howard
has the
experience and skills to help you get the results you need.
Contact us
now to see how our criminal defense team can help you.
What constitutes retail theft/shoplifting?

Under
the sections of the Utah
Criminal code governing
retail theft (shoplifting), there are several
alternate grounds under which a person can be charged with
criminal retail
theft. Most cases involve accusations that a person took
"merchandise displayed, held, stored, or offered for sale in a retail
mercantile establishment" with "the intention of depriving the merchant
permanently of the possession, use, or benefit of such merchandise
without paying the retail value of" the merchandise taken or possessed.
Most of the time, this means that police or the prosecutor have alleged
that you took something from a store without paying for it. But
contrary to popular belief, you do not have to leave the store with an
item to be charged with retail theft or shoplifting. Simply removing an
item from its packaging, hiding an item in your jacket or bag, or
changing price tags can lead to criminal charges of retail theft - if
there is evidence that you had the intent to deprive the merchant of
the
merchandise without paying retail value for it. Other actions that can lead to charges of retail theft are a clerk
“under-ringing” merchandise for someone else, switching price tags, or taking a shopping cart
from the store premises.
What should I do if I am caught shoplifting in Ogden?
Perhaps what is most important is what you should NOT do. DO NOT
struggle if you are caught shoplifting. DO NOT struggle
to get away. DO NOT struggle against store employees if they attempt to
detain
you. DO NOT push an employee out of the way if they approach you. Any
of these actions could potentially turn a relatively minor shoplifting
charge into a serious felony
robbery case.
Utah criminal law states, "any merchant who has probable cause to
believe that a person has committed retail theft may detain such
person, on or off the premises of a retail mercantile establishment, in
a reasonable manner and for a reasonable length of time. . . ." The use
of any force against a store employee or other person while
either committing a retail theft, or attempting to flee after
committing a retail theft, could lead to charges of robbery. Robbery
charges start as a second-degree felony punishable by 1-15 years in
prison. In some instances, you could even be charged with aggravated
robbery which has the potential sentence of life in prison. If
allegations are made that a weapon was used in the course of committing
the robbery, aggravated robbery charges can result in a life prison
sentence.
If detained on the suspicion of shoplifting, it is important that you
not resist physically. But it is also important that you are NOT
required in any way to make any
statements or admissions or answer any questions relating to your
conduct.
Neither an employee, store security guard, nor police officer can force
you to answer questions about a criminal allegation of shoplifting. A
police officer can require you to give your name. But the Fifth
Amendment, provides the privilege against
self-incrimination (the right to remain silent). You are not legally
obligated to offer any explanation or statement for your actions.
If convicted of retail theft in an Ogden court, what can I
expect?

For
merchandise valued at less than $500 retail theft charges begin as
a class B misdemeanor with a maximum jail sentence of 180 days. As the
value of the merchandise increases, so does the potential penalty. For
merchandise valued at $5,000 or more, the charge can be filed as a
second-degree felony with potential prison time of up to 15 years.
Retail theft is also considered an "enhanceable" offense. If you have
been previously convicted of theft or theft-related offenses, then
the penalties can be increased.
Not every person convicted of retail theft or shoplifting will spend
time in jail. In some cases, a conviction can be avoided through a
negotiated plea-in-abeyance agreement. In other cases, a jury trial may
result in a not-guilty verdict. Even if a person is convicted of
shoplifting, probation may provide an alternative to
jail or prison
time. Consultation with an experienced defense attorney can help you
better understand your options and what strategies might best help you
get the results you need in your Ogden shoplifting case.
Ogden Criminal Defense Lawyer - Shoplifting
If you are facing prosecution for shoplifting or other criminal charges
in Ogden, criminal defense attorney Stephen Howard can help. He has
successfully provided criminal defense for clients throughout Utah in
cases ranging from homicide to
disorderly conduct. His track record
includes
successful results for some of the most serious charges on the
books in Utah.
Contact us now to see
how
we can help you.
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