Theft and burglary are not synonymous. It is important to appreciate the differences between these offenses, especially since they carry different potential consequences upon conviction in Utah.
Theft is the taking of someone else’s property, and burglary is unlawfully entering a building or home with the intent to commit another illegal act, such as theft. Charges for theft range from class B misdemeanors to second degree felonies, and charges depend on the stolen property’s value. Charges for burglary start at third degree felonies, with aggravated burglary being a first degree felony in Utah. If charged with multiple offenses, your potential sentence could get longer, resulting in harsher consequences if convicted. Immediately after your arrest, our lawyers can confirm the prosecution’s charges against you and explain your next steps, which may include posting bail so you can participate in your defense from the comfort of your own home.
For a free and confidential case assessment from our burglary and theft defense lawyers, call Overson Law now at (801) 758-2287.
The Difference Between Burglary and Theft in Millcreek, UT
Burglary and theft are different criminal offenses in Utah, but defendants may face charges for both, depending on the circumstances of the alleged crime and their arrest. If convicted, this could lead to greater consequences for defendants, like longer prison sentences, higher fines, and longer wait times for expungement.
Theft Charges
According to Utah Code § 76-6-404, one commits theft by obtaining or exercising unauthorized control of someone else’s property. Suppose the value of the alleged stolen property is under $500. In that case, a defendant may be charged with a class B misdemeanor unless they have stolen from the same property within the past five years or have received written notice prohibiting them from reentering, like perhaps after a retail theft conviction. Under such circumstances, a defendant might be charged with a class A misdemeanor, the same charge associated with theft of property valued between $500 and $1,500.
Stolen property valued between $1,500 and $5,000 may result in a third degree felony charge. Aggravating factors could increase theft charges to third degree felonies, even if the stolen property does not meet the value criteria for this charge. For example, stealing a vehicle’s catalytic converter is automatically a third degree felony in Utah, no matter its value. Our burglary and theft defense lawyers can confirm if the prosecution has reason to increase the charges against you so you know what to expect.
Theft is a second degree felony if the value of the alleged stolen property exceeds $5,000, the item stolen was a firearm or drivable motor vehicle, or the property was stolen directly from the victim’s person or immediate vicinity, according to § 76-6-404(3)(a).
Retail theft is a specific charge according to § 76-6-602, but the same stolen property values are used to determine the charges a prosecution brings against a defendant.
Burglary Charges
Burglary can involve theft, but the focus is trespassing. This offense requires an offender to unlawfully enter or remain in a building with the intent to commit other crimes, such as theft, assault, sexual battery, or other felonies. Generally speaking, burglary is charged as a third degree felony in Utah, according to § 76-6-202(3). That is, unless the offense is committed in a residence, in which case the charge will elevate to a second degree felony. The burglary charge may come in addition to any charges for the offender’s alleged conduct while in the building. For example, a defendant might be charged with a second degree felony for burglary and a third degree felony for theft, depending on the value of the alleged stolen property.
Aggravated burglary is a first degree felony in Utah and occurs when an alleged offender causes bodily injury to a victim, uses or threatens to use a dangerous weapon against a victim, or has or tries to use an explosive or dangerous weapon during the event, like a gun or a knife. Getting fair bail set in these situations can be challenging, which is why having our lawyers advocate for you and your interests during bail hearings is important.
Penalties
Burglary and theft charges may be tacked onto one another, putting defendants at risk of long prison sentences if convicted. The lowest theft charge is a class B misdemeanor, convictions for which may not exceed six months in jail, according to § 76-3-204(2). The maximum sentence for class A misdemeanor convictions is 364 days. Though there is a relatively quick path to expungement for class A and B misdemeanors in Utah, avoiding convictions or mitigating their consequences is paramount for all criminal defendants. Theft and burglary convictions are ones that could affect your life in the future, particularly when searching for employment or housing.
If you are charged with a third or second degree felony, you will face the same maximum prison sentence, regardless of whether you were arrested for theft or burglary. The longest sentence for third degree felony convictions in Utah is five years in prison and up to $5,000 in fines. If convicted of a second degree felony, you would face between one and 15 years in prison. First degree felony convictions for aggravated burglary have a minimum sentence of five years and a maximum sentence of life, according to § 76-3-203(1).
Remember, while theft and burglary charges differ, prosecutors may bring them concurrently depending on the case. If convicted of multiple charges, your prison sentence could be much longer than you anticipated or than prosecutors initially led you to believe. Because of this, confirming the potential consequences of conviction and preparing an appropriate defense is crucial and can give you the best chance of having autonomy over your future.
Call Our Millcreek, UT Lawyers for Help with Your Case Today
For a case evaluation from our burglary and theft defense lawyers, call Overson Law at (801) 758-2287.
