Sandy Retail Theft Defense Lawyer
A
retail theft conviction in the Sandy City Justice Court adds to your
criminal record, and can result in jail time, substantial fines, and a
variety of probation conditions. Having an experienced
criminal defense attorney on your side can give you the best chance of
successfully defending your case.
With offices centrally located in Salt Lake City, criminal lawyer
Stephen Howard defends clients facing criminal prosecution in the
Sandy
Justice Court, and in district courts and justice courts throughout
Utah. He has successfully defended his clients' rights in thousands of
serious felony and misdemeanor cases.
Contact us today for
an initial attorney consultation.
Potential Penalties for a Sandy Shoplifting Charge

The
starting point for a
retail
theft charge begins at the class B
misdemeanor level. As a
class B misdemeanor, shoplifting is punishable by up to 180 days jail,
and a fine (including surcharge) of $1,900. The judge in the Sandy
Justice Court has discretion in imposing a sentence for shoplifting,
and is not required to impose jail time or the full fine. If jail time
or fines are suspended, the court can place a defendant on probation
(either supervised or unsupervised) with conditions that may include
community service, counseling or classes, drug testing, payment of a
fine, or other appropriate conditions.
The jurisdiction of the Sandy City Justice Court is restricted to class
B misdemeanor charges and lower. A retail theft charge can be filed at
a higher level, either based on the value of the merchandise involved
or on a defendant's prior theft-related convictions. Two or more prior
convictions can result in a
felony enhancement for a retail theft
charge, even if the merchandise value is low. Merchandise values of
$500 or more but less than $1,500 can result in class A level charge.
Merchandise values of $1,500 or more can result in a felony charge.
If class A misdemeanor or felony shoplifting charges are alleged to
have been committed in Sandy, the case must be filed in the district
court. Most of these cases will be heard in the West Jordan department
of the Third District Court.
Penalties for a class A misdemeanor retail theft conviction can be as
high as one year in jail and a fine (including surcharge) of $4,750. A
third-degree felony shoplifting charge carries a potential sentence of
0-5 years in prison and a fine (including surcharge) of $9,500. At the
second-degree level, retail theft carries a possible sentence of 1-15
years in prison and a fine (including surcharge) of $19,000.
Elements of a Retail Theft Charge
The most frequently charged version of a Utah retail theft charge
involves allegations that a person took "merchandise displayed, held,
stored, or
offered for sale in a retail mercantile establishment." This addresses
the physical conduct involved in a shoplifting charge. But a retail
theft charge also requires proof of mental intent. To obtain a
conviction, the evidence must also prove that the persona acted 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.
The combination of conduct (actus reus) and state of mind (mens rea)
can be critical to a retail theft charge. A person who leaves a store
with merchandise he honestly forgot to pay for may be not guilty of
shoplifting. On the other hand, a person who takes possession of
merchandise with the intent to steal it, but never leaves the store,
may still be found guilty of retail theft.
Other variations of retail theft can involve switching price tags,
removing a shopping cart from store premises, or under-ringing of
merchandise by a store clerk. At the class B misdemeanor level, any of
these criminal charges can be filed in the Sandy City Justice Court. If
the offense level is higher, the prosecution must be pursued in the
district court.
Choosing a Utah Criminal Attorney for the Sandy Justice Court
All criminal charges should be taken seriously. Even at the misdemeanor
level, a conviction can have lasting
consequences. Having an
experienced criminal attorney on your side can give you the
best chance of successfully protecting your rights. If you are facing
criminal charges in the Sandy City Justice Court or elsewhere in Utah,
you should consult with a lawyer before making any decisions about how
to handle your case.
With offices centrally located in Salt Lake City,
criminal defense lawyer Stephen Howard provides legal services to clients in the Sandy
Justice Court and throughout Utah. He has defended thousands of serious
felony and misdemeanor cases during his career. He has the experience,
knowledge, and determination to help you get the
results you need.
Contact
us today to schedule an initial attorney consultation.
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