Shoplifting Attorney Utah - Retail Theft - Criminal Defense
A Utah
criminal conviction for shoplifting can range anywhere from a class B
misdemeanor (180 days jail) to a second degree felony (1-15 years
prison). Like other forms of Utah
theft,
the level of a retail theft charge is usually determined by the value
of the merchandise involved. Stephen Howard is a seasoned
Utah
criminal defense lawyer
who has successfully handled literally thousands of serious
felony
and
misdemeanor
charges. If you are
facing
criminal charges for retail theft or shoplifting, Mr. Howard has the experience to help you get the
results you need. Contact
us today for an initial consultation.
What constitutes shoplifting or retail theft in Utah?

Sections
of the Utah criminal code governing retail theft (shoplifting) provide
several alternatives under which a person can be charged criminally
with retail theft. The most common forms of retail theft involve
allegations 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.
Contrary
to popular belief, you do not have to leave the store in order to be
charged with retail theft or shoplifting. Simply hiding an
item
in your jacket or bag, removing an item from its packaging, or
switching 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 for it.
Removing a shopping
cart
from the store premises can be charged as retail theft. If
you
are employed as a clerk and "under-ring" merchandise for someone else,
that can be charged as retail theft.
What should I do if I am caught shoplifting in Utah?
The
first thing you should NOT do if you are caught shoplifting is to
struggle to get away. If a clerk or other store employee
approaches you, DO NOT push them out of your way. DO NOT
struggle
against them if they attempt to detain you. This can turn a
minor
misdemeanor retail theft charge into a serious felony
robbery
case.
Under
Utah criminal law, "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. . . ."
If you
use force against a store employee or other person either during the
course of committing a retail theft, or while attempting to flee after
committing a retail theft, you may be charged with
robbery. Robbery begins as a second degree felony punishable
by
1-15 years in
prison. Under some circumstances, you could be charged with
aggravated
robbery
with the potential for life in prison.
If you are detained
on suspicion of shoplifting, while you should not physically resist,
you are in no way required to make any statements. You have a
Fifth
Amendment privilege against self-incrimination and a
right to
remain silent. You are under no legal obligation to
make any
statement or to offer any explanation for your actions. And
your
case will generally be better if you exercise your right to remain
silent. You will have a chance to tell your side of the
story.
But you are generally better off if you wait to get advice
from
a lawyer before you talk.
What are the consequences of being convicted of retail theft?
Retail
theft begins as a class B misdemeanor (180 days jail) if the
value of
the merchandise is less than $500. If the merchandise is
worth
$500 up to $1,500, the level increases to a class A misdemeanor (365
days jail). Anything $1,500 or over is a third degree felony
(0-5
years prison). Over $5,000, and you could be faced with a
second
degree felony (1-15 years prison).
Retail theft is
also considered an "enhanceable" offense. If you have been
previously convicted of two
theft or
theft-related offenses, then any
theft begins at the third degree felony level. Even if the
item
allegedly taken is worth only pennies, it is still a third degree
felony.
Shoplifting also carries the potential for
substantial financial penalties. In addition to criminal
court
fines (which can be in the thousands of dollars), a person who commits
retail theft can also be subject to civil penalties, court costs, and
attorneys fees.
Finding a Utah Criminal Defense Lawyer in Salt Lake City
If you are facing criminal charges for retail theft, your case should
be taken seriously. Stephen Howard is an experienced Utah
criminal
defense lawyer with a
track record
that includes dismissals, not guilty verdicts, and appellate reversals
in some of the most serious crimes on the books in Utah.
Contact
us today to schedule an initial consultation with
Salt
Lake criminal defense attorney Stephen Howard.
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