Theft by Rental Agreement - Utah Criminal Defense Attorney
Criminal charges for
theft in Utah can be based on a violation of a
rental agreement, even without proof that the defendant intended to
permanently deprive the owner. Having an
experienced Utah
criminal
lawyer on your side can be the best step toward ensuring that your
rights are protected. Based in Salt Lake City, Stephen Howard has
defended thousands of serious
felony and
misdemeanor cases, including
theft,
burglary,
robbery, and many other related crimes.
Contact us
today for an initial consultation.
Elements of a Utah Theft by Rental Agreement Charge
Most Utah theft charges require proof that the defended intended to
permanently deprive the property owner of possession of the stolen
property. Under the Utah criminal code, the crime theft by rental
agreement provides an exception to this general rule. A violation of
this criminal statute can be supported by evidence that the
person renting an item used it in a way
or
manner that is a "gross deviation" from the intended use, or simply
that the person renting the item did not return it at the time required
under the rental agreement, and that the delay in returning the item
was a "gross deviation" from the terms of the rental
agreement.
Theft by rental agreement charges in Utah typically involve allegations
that a person rented a car, tools, or other property, but failed to
return the property at the required time. Returning rental property a
few hours will not normally result in criminal charges being filed.
Most rental companies will initially try to work with customers to
secure the return of their property. But if a rental company cannot
contact a customer, or if the property is held for an unreasonably long
period of time, police may become involved and criminal charges can be
the result.
Consequences of a Theft Conviction in Utah
A conviction for theft by rental agreement in Utah can result
in
substantial jail or prison time, and thousands of dollars in fines.
The
penalty for a criminal charge of theft by rental agreement is typically
based on the value of the item(s) rented, and can range
from a class B
misdemeanor
(maximum of 180 days jail) up to a second
degree
felony
(maximum of 15 years prison).
Finding a Criminal Defense Attorney in Utah
Under our Constitution, a person charged with a crime is presumed to be
innocent and is guaranteed the right to a
jury trial
where the prosecution will be required to prove their case beyond a
reasonable doubt. Some people prefer to reach a
negotiated
resolution with the prosecutor. Either way, having an
experienced
Utah criminal defense
attorney
on your side can be critical to defending your case and protecting your
rights.
Stephen Howard has handled literally
thousands
of serious felony charges during his career. His
track record includes not
guilty verdicts or dismissals on charges including some of the most
serious criminal charges on the books in Utah, including
aggravated
robbery,
burglary,
forgery,
theft,
and more. Based in
Salt
Lake City, criminal defense lawyer Stephen Howard offers
legal services to clients throughout Utah. If you are facing
criminal prosecution for theft pursuant to a rental
agreement or other serious criminal charges,
contact
Stephen Howard
now to schedule an initial consultation.