Having a theft conviction on your criminal record can make it harder to find work or to be deemed trustworthy. Especially if your charges were felony offenses or resulted in long jail terms, this record could be seen as quite serious. It is important to fight theft charges, and having a lawyer at your side can make that easier.
Our attorneys represent defendants in all kinds of theft cases, from simple theft of goods or services charges to robbery and burglary. Our lawyers can challenge the government’s evidence, identification of you as the subject, evidence collection processes, and eyewitness statements to try to get your charges dismissed. We can also negotiate plea agreements in some cases, potentially avoiding the worst penalties for you.
For a free evaluation of your charges, call Overson Law’s theft attorneys at (801) 758-2287 today.
Types of Theft Charges in Park City, UT
“Theft” can refer to a lot of different criminal charges under Part 4 of Chapter 6 of the Utah Criminal Code. Under this statute, there are at least 10 statutes with “theft” in the name, as well as other subsections of the code that are considered “theft offenses.” In addition, there are also the crimes of burglary and robbery, which our theft attorneys can also help you with.
Theft Elements
The core elements of any theft offense can be found in Utah Code § 76-6-404. The core elements of theft are taking control over property that does not belong to you while intending to keep it from the other person. Essentially, you take it and keep it from the owner.
The level of the offense – from different classes of misdemeanor to different degrees of felony – varies depending on what the property was or how much it cost. For example, it is a worse crime to steal a gun or a car, and stealing higher-value property makes the crime worse. It is also a higher-degree crime if you stole the property directly from another person.
Types of Theft
Theft can be charged under different subsections for theft by deception, theft of motor vehicle fuel, theft of services, and other “types” of theft. Most of these crimes are pretty self-explanatory, but we will go into some details about a couple of these.
With theft “by deception,” the theft is accomplished through some kind of lie. For example, going to a store to pick up someone else’s order by claiming you are them would be a lie that could lead to theft by deception charges.
Theft “by extortion” involves some kind of future threat, such as saying you will come back and burn the store to the ground if they do not give you what you want. There is no current threat of imminent violence that would turn this into robbery, but rather a threat of future harm or criminal victimization.
Embezzlement
Stealing something that you were entrusted with – usually as part of your work – is often called “embezzlement.” This could be something as serious and sophisticated as siphoning funds from an investment portfolio into your own fun or something as simple as taking money out of the cash register at work. In any case, these crimes are often seriously punished and can make it harder to find work.
Robbery
Stealing directly from someone against their will – i.e., by force or threats of force – constitutes robbery under § 76-6-301. This is a more severe crime because of the violent aspect, and it is charged a second degree felony. More severe “aggravated robbery” is a first degree felony under § 76-6-302 if it involves serious injury, use of a weapon, or theft of a vehicle.
Burglary
Burglary, at its core, is a crime about trespassing. You can be charged under § 76-6-202 if you trespass or stay in a building “unlawfully” while you have the intent to commit a felony, theft, or one of a list of other listed crimes (including assault, rape, and more) once inside. While the core conduct needed for burglary charges is the trespassing, burglary is most often committed in order to steal something from the building you are trespassing in. As such, burglary is often lumped together with and charged alongside theft offenses.
Defenses to Theft Charges in Park City, UT
There are many ways to undermine the government’s theft charges and potentially get your case dropped or dismissed.
Challenging Identification
The government should not be charging you with a crime unless they are quite certain that it was you. Depending on what evidence the police and prosecution have, their ID might be weak, potentially allowing us to win your case if they cannot securely prove that you were the one who committed the theft.
A lot of cases are based on eyewitness identification, but these can be far more unreliable than people expect, especially when the identification is the result of a biased police lineup or photo lineup. Identifications based on grainy, blurry security camera footage are also quite weak.
Especially if you have a good alibi, simply saying, “It wasn’t me,” might be the strongest defense there is.
Challenging Illegal Evidence Seizure and Arrest
If you were stopped and searched illegally for stolen goods, then they should not be able to use any evidence they seized against you. Police need probable cause to search you, and while store security officers might not have these same restrictions, police cannot go beyond their authority. Additionally, if the police come to your house looking for stolen goods without a warrant, they might be violating your rights and might get their evidence suppressed as long as you did not give them permission to search you or your house.
Challenging Intent/Knowledge Requirements
To convict you of theft, the government needs to prove you knew you were stealing – that what you took did not belong to you. If the case came down to a mistake of fact, then the charges should not stick. For example, if you thought you were allowed to borrow a tool from work, or you fully intended to return your roommate’s car, or you thought you would have had permission to borrow something but had no chance to ask, then you did not intend to steal. Proving this is hard, but it can be enough “reasonable doubt” to win your case.
Negotiating a Plea
Sometimes the evidence against you is too strong, but a good plea deal can result in reduced charges, dropped charges, and reduced penalties.
Call Our Theft Defense Lawyers in Park City, UT Today
If you were charged with stealing, call Overson Law’s theft attorneys at (801) 758-2287 for a free case analysis.
