What Happens If You Get Caught Stealing in Salt Lake City?

what happens if you get caught stealing

If you’ve been caught stealing in Utah, you’re facing a serious situation with potentially life-altering consequences. As criminal defense attorneys with an office in Salt Lake City, we’ve handled countless theft cases and know the ins and outs of Utah’s theft laws. Here’s a comprehensive look at what you can expect if you’re caught stealing in Utah and how we can help.

Theft Charges and Penalties Utah

Utah law defines theft as obtaining or exercising unauthorized control over someone else’s property with the intent to deprive them of it. This can include shoplifting, embezzlement, receiving stolen property, and more. The severity of the charge depends primarily on the value of the stolen property, but other factors can come into play as well.

Theft Classifications and Penalties

Let’s break down the different levels of theft charges in Utah:

Class B Misdemeanor

  • Value: Less than $500
  • Potential Penalties: Up to 6 months in jail and fines up to $1,000
  • Examples: Shoplifting a pair of shoes, stealing a bicycle

Class A Misdemeanor

  • Value: $500 to $1,499
  • Potential Penalties: Up to 1 year in jail and fines up to $2,500
  • Examples: Stealing a smartphone, shoplifting designer clothing

Third Degree Felony

  • Value: $1,500 to $4,999
  • Potential Penalties: Up to 5 years in prison and fines up to $5,000
  • Examples: Stealing a high-end computer, shoplifting multiple expensive items

Second Degree Felony

  • Value: $5,000 or more
  • Potential Penalties: 1 to 15 years in prison and fines up to $10,000
  • Examples: Stealing a car, embezzling large sums of money

It’s crucial to note that these are just guidelines. The actual charges and penalties can vary based on the specific circumstances of your case and your criminal history.

Aggravating Factors

Certain factors can increase the severity of your charge, regardless of the value stolen:

  1. Prior convictions: Repeat offenses can bump up the charge level
  2. Stealing a firearm or vehicle: Automatically a second-degree felony
  3. Theft from a person’s body: Pickpocketing is a second-degree felony
  4. Theft of certain types of property: Stealing livestock or public utilities can result in enhanced charges

The Immediate Aftermath of Getting Caught

If you’re caught in the act of stealing, here’s what typically happens:

  1. Detention: If it’s shoplifting, store security may detain you until police arrive
  2. Police involvement: Law enforcement will be called to the scene
  3. Arrest or citation: Depending on the circumstances, you may be arrested or issued a citation to appear in court
  4. Booking process: If arrested, you’ll be taken to the police station for booking, which includes fingerprinting and photographing
  5. Bail: For more serious charges, you may have to post bail to be released

The Legal Process

After the initial arrest or citation, you can expect:

  1. Arraignment: Your first court appearance where charges are formally presented
  2. Plea: You’ll enter a plea of guilty, not guilty, or no contest
  3. Pretrial conferences: Meetings between your attorney and the prosecutor to discuss the case and potential plea deals
  4. Preliminary hearing: For felony charges, a hearing to determine if there’s enough evidence to proceed to trial
  5. Trial: If a plea deal isn’t reached, your case will go to trial
  6. Sentencing: If found guilty, the judge will determine your sentence

Most cases don’t actually go to trial. Many are resolved through plea bargains or dismissed before reaching that stage. This is where having a theft attorney can make a crucial difference in negotiating the best possible outcome for you.

Long-Term Consequences of a Theft Conviction

The repercussions of a theft conviction extend far beyond fines and potential jail time:

  • Criminal record: This can impact job prospects, housing applications, and loan approvals
  • Professional licenses: Many professions require a clean criminal record
  • Immigration status: Non-citizens may face deportation or other immigration consequences
  • Reputation damage: A theft conviction can harm your personal and professional relationships
  • Future criminal charges: A theft conviction can lead to enhanced penalties for future offenses

Possible Defenses Against Theft Charges

Just because you’ve been accused of theft doesn’t mean you’ll be convicted. Depending on the circumstances, we might be able to use defenses such as:

  • Lack of intent: You mistakenly took the item, thinking it was yours or that you had paid for it
  • Mistaken identity: You were wrongly identified as the perpetrator
  • Ownership or right to possess: You believed you had a legitimate claim to the property
  • Entrapment: Law enforcement induced you to commit a crime you wouldn’t have otherwise committed
  • Violation of rights: If your constitutional rights were violated during the arrest or investigation, we may be able to get evidence thrown out

What to Do If You’re Questioned About or Arrested for Stealing

If you find yourself in this situation, here are the immediate steps you should take:

  1. Stay calm and don’t resist: Resisting can lead to additional charges
  2. Don’t admit guilt or try to explain yourself: Anything you say can be used against you
  3. Exercise your right to remain silent: Politely inform the police that you won’t be answering questions without an attorney present
  4. Don’t consent to searches: If the police ask to search your person, car, or home, politely decline unless they have a warrant
  5. Ask to speak with an attorney: Request legal representation immediately
  6. Contact us as soon as possible: The earlier we get involved, the better we can protect your rights and start building your defense

Don’t Face Theft Charges Alone

If you’ve been caught stealing in Salt Lake City, you’re facing a serious situation with potential long-term consequences. At Benjamin Durham Law Firm, we protect your rights and fight for the best possible outcome in your case. Remember, an accusation is not a conviction. With the right legal strategy, it’s possible to have charges reduced, dismissed, or to be acquitted at trial. Don’t let a mistake define your future. Contact Benjamin Durham Law Firm today for a confidential consultation. The sooner you reach out, the more options we’ll have to help you.

Author Bio

Benjamin Durham is the principal attorney and founder of Benjamin Durham Law Firm, a criminal defense law firm based in Las Vegas, NV. With over 20 years of experience in the legal field, he represents clients in both injury and criminal cases. Over his career, he has secured favorable verdicts for clients in both state and federal courts and successfully defended numerous high-profile prosecutions.

Ben’s exceptional legal skills and dedication to his clients have earned him recognition as a life member of the National Association of Criminal Defense Lawyers. He also has been honored as one of the Top 100 trial lawyers by the National Trial Lawyers Association, further solidifying his reputation as a top-notch legal practitioner.

LinkedIn | State Bar Association | Avvo | Google