Shoplifting may seem harmless because people assume retail stores can afford to lose a few items. However, in Utah, shoplifting can carry stiff criminal penalties, especially if the stolen items are highly valuable.
Despite the strictness of the offense, you may be able to have your charges dropped under certain circumstances. For example, if the prosecution does not have enough evidence to prove guilt at a trial because eyewitness statements conflict with other evidence, they might drop the charges. Our lawyers could also get charges dropped against offenders whose constitutional rights were violated during or after their arrest. When charges cannot be dropped, they might be reduced, and our lawyers may negotiate with the prosecution or convince the judge to employ a 402 reduction in your case. Those convicted of shoplifting or other theft charges may be able to erase those convictions from their criminal records, and our attorneys can also help with expungement.
For a free and confidential case assessment from our Salt Lake City theft defense lawyers, call Overson Law today at (801) 758-2287.
What Are Utah’s Shoplifting Charges?
Offenders commit retail theft when they steal or incite others to steal merchandise from retail stores. The offender must intend to keep, obtain, or use the property without paying the appropriate value. The value of the stolen items will directly affect the severity of the misdemeanor or felony the offender is charged with.
Retail theft charges may also occur if the offender tampered with an item’s price tag and attempted to purchase it at a lower price than the establishment listed it for, took a shopping cart belonging to a retail store for their own benefit, or under-rang merchandise while at a cash register.
As mentioned, the value of the stolen products will determine the offense you are charged with. For example, offenders who take over $5,000 worth of goods or services could be charged with a second degree felony, according to Utah Code § 76-6-602(3)(a). The same charge applies to offenders who steal firearms and operable motor vehicles. In Utah, second degree felonies carry a maximum prison sentence of 15 years and $10,000 in criminal fines.
Under § 76-6-602(3)(b), offenders who steal between $1,500 and $5,000 worth of goods and services can be charged with a third degree felony. These felonies carry a penalty of up to five years in prison and $5,000 in fines.
Additionally, taking between $500 and $1,500 of items or services is a class A misdemeanor. Class A misdemeanors can land you in jail for up to one year and also result in a fine of $2,500. Any property or services that are taken that equal less than $500 is a class B misdemeanor. Class B misdemeanors are punishable by up to six months in jail and $1,000 in fines.
The differences between penalties for class B and A misdemeanors, class A misdemeanors and third degree felonies, and so on, make it crucial for defendants to understand the charges against them. Our Salt Lake City criminal defense lawyers can review the circumstances of your arrest, assess the charges filed against you, and begin preparing your defense to mitigate the consequences you could face.
Can You Get Shoplifting Charges Dropped After an Arrest in Utah?
There are a few ways to have your shoplifting charges dropped possibly. When you are arrested, the prosecutor may file criminal charges if they believe they have enough evidence to support a conviction. If, during a preliminary hearing, a judge decides there is sufficient evidence to support a conviction, the case will be allowed to proceed.
If your case can proceed, the offense may be dropped if the victim asks the prosecutor to drop the charges. The lack of cooperation by a victim may mean that the prosecution does not have enough evidence to convict you of shoplifting. However, even if a retail store did request that the prosecutor drop the case, the discretion to drop the case lies with the prosecutor. Additionally, under certain circumstances, the arresting officer may be able to drop the charges.
A shoplifting charge may be dropped for several reasons, such as if the evidence the prosecution needs to build the case is flimsy, eyewitness accounts conflict with other evidence, necessary evidence was illegally secured without a warrant, or your constitutional rights were violated (e.g., the police coerced you into a confession after you asked for an attorney).
This is not an exclusive list, and there are other variables that a prosecutor may consider before dropping charges. After you are arrested, tell our lawyers everything you can recall about what officers said and did. Do not speak to officers, even if you are confused by the arrest, as the prosecution might point to statements you made when upset or frustrated as reasons to proceed with the charges.
A plea bargain is another way your offense may be dropped or reduced. In a plea bargain, an offender and a prosecutor agree to reduce or drop charges in exchange for the offender pleading guilty to a certain offense. Typically, the defendant will plead guilty to a lesser crime than the one they committed. For example, pleading guilty to misdemeanor theft instead of felony theft may be an option in severe cases. Whether or not our attorneys explore the possibility of a plea deal is case-dependent.
Can Theft and Shoplifting Charges Be Reduced in Utah?
Getting theft and shoplifting charges reduced can be challenging, but negotiating a reduction for a plea deal could lower the consequences you face and mitigate the difficulties you experience after your case ends.
For example, suppose you were recently charged with a class B misdemeanor for shoplifting. In that case, we may be able to argue intent or negotiate to get the charge reduced to an infraction.
Reduced charges may be more likely in retail theft cases involving small amounts of stolen goods. Yet, it is more challenging if you are charged with a more severe crime, like a second degree felony, for allegedly stealing more than $5,000 worth of goods.
Utah’s code clearly dictates the appropriate charges for the value of the alleged goods stolen, so reducing a third degree felony to a class A misdemeanor might be futile in some cases, as the value of the goods or services does not change. However, our lawyers may be able to point to § 76-3-402(2), which allows the court to enter a judgment for a lower-degree offense after considering a defendant’s criminal history, character, and if the consequence of the higher-degree offense would be unfair. This is commonly referred to as a 402 reduction in Utah and might reduce the consequences you face from a shoplifting or theft conviction. With a 402 reduction, the actual charges you are convicted of are reduced, not just your sentence.
Can Shoplifting Charges Be Expunged from Criminal Records in Utah?
We understand that criminal charges can follow defendants for a long time, even after their cases end. If you need shoplifting charges expunged from your criminal record, our lawyers can help you start the process of getting them erased.
How long you must wait to file for expungement depends on the charges you were convicted of. For example, if you were convicted of a class B misdemeanor for retail theft, you would have to wait four years after completing the terms of your conviction to file for expungement. Those convicted of class A misdemeanors must wait five years, and those convicted of expungable felonies for shoplifting or theft must wait seven years.
At an expungement hearing, our lawyers can explain how the charge has impacted your life, potentially by preventing you from finding employment or housing, and why the conviction no longer represents who you are. Once criminal charges are expunged, they are erased from your criminal record, meaning they will not appear on employer background checks or other searches.
Call Our Utah Criminal Defense Attorneys to Negotiate Dropping Your Shoplifting Charges
Call the Murray criminal defense attorneys at Overson Law at (801) 758-2287 for a free case analysis.
