Theft by Receiving Stolen Property - Utah Criminal Defense
Lawyer
Under
the Utah criminal code, a person can be convicted of
theft for simply
possessing or receiving stolen property - even when the evidence is
clear that another person stole the property. An experienced
criminal
defense lawyer can protect your rights and help you achieve the best
outcome for your case. Based in Salt Lake City, Stephen Howard
represents clients throughout Utah. He has achieved success in
defending clients against theft,
burglary,
robbery, and other related
criminal charges.
Contact us today to arrange for an initial
consultation.
Elements of a Utah Criminal Charge for Theft by Receiving
Stolen Property
Theft
by receiving stolen property is defined broadly under Utah's criminal
law, to include any person who "receives, retains, or disposes of the
property of another knowing that it has been stolen, or believing that
it probably has been stolen, or who conceals, sells, withholds or aids
in concealing, selling, or withholding the property from the owner,
knowing the property to be stolen, intending to deprive the owner of
it." In many Utah criminal cases, the two key elements of this statute
are the person's knowledge or belief that the property was stolen and
also their intent to deprive the owner of that property.
Interestingly, this criminal charge does not require any proof that the
property actually was stolen. The statute also allows for charges even
if the defendant mistakenly believed that the property was stolen. This
could become a key issue in a case where, for example, police conducted
an undercover sting operation. In such a situation, if a person takes
possession of property from an undercover officer under circumstances
that would lead an ordinary person to believe the property was stolen,
then that person could face criminal charges of theft by receiving
stolen property.
In order to obtain a conviction for this charge, a prosecutor must also
prove the "intent to deprive the owner" of the property. A person who
finds stolen property and takes possession of it with the purpose of
returning that property to its rightful owner is not guilty of this
crime.
Penalties for Theft by Receiving in Utah
The
consequences of a
criminal conviction in Utah can be severe. Under
Utah criminal law, the level of a theft by receiving stolen property
charge is usually based on the value of the property involved. Property
valued at less than $500 typically results in a class B
misdemeanor
punishable by up to 180 days in jail. But as the value increases, so
does the level of the offense, up to the second degree
felony level
punishable by up to 15 years in prison.
Certain theft charges in Utah do not depend on the value of the item.
For example, a theft by receiving charge involving a
motor vehicle or a
firearm become automatic second degree felony charges, regardless of
the value of the car or gun.
Finding a Utah Criminal Defense Attorney in Salt Lake
Stephen Howard is a
Salt
Lake City criminal defense lawyer
representing clients charged with theft by receiving and other criminal
charges throughout Utah. He has a
track
record
of achieving real results for his clients. He has achieved
not guilty verdicts and dismissals in Utah criminal cases of theft,
robbery, burglary, and more.
If you are charged with theft by receiving or other crimes in Utah, you
need an
experienced
Utah criminal defense lawyer
on your side.
Contact us now to schedule
an initial consultation.