Theft of services occurs when an offender fails to pay for services (such as a meal or hotel room rather than a good or material – like a car or stereo). Sneaking into paid events is also considered theft of services. Degree of CrimeDepending on the facts, theft of services can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor. Elements of TheftA defendant commits a 2nd degree felony theft of services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and A defendant commits a class A misdemeanor theft of services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and the value of the services stolen is or exceeds $500 but is less than $1,500. A defendant commits a class B misdemeanor theft of services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and the value of the services stolen is less than $500. Fine Imprisonment For Crime• 2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. DNA Specimen AnalysisA defendant convicted of a class A misdemeanor, 2nd or 3rd degree felony theft of services must provide a DNA specimen. How theft of services charges workAs far as fines and imprisonment are concerned, Utah law makes no distinction between theft of services and theft of tangible property. The severity of the offense generally depends on the value of the property or services appropriated. However, some aggravating factors may apply as well: Having former prosecutors on our staff, the team at our law firm has access to a wealth of practical knowledge about how prosecutors function. This enables us to negotiate on behalf of our clients and resolve their cases more efficiently. Theft in Utah occurs whenever a person “obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.” These are the basic elements every prosecutor needs to prove beyond a reasonable doubt in order to convict a person of this crime. Although this is the general law regarding, there are laws in Utah prohibiting specific types of stealing. These specific types include the following: Levels of theftThe level of criminal offense for stealing in Utah varies from a class B misdemeanor, such as in the case of a first time shoplifting offense, to a second degree felony. In determining what level of offense to charge someone, a prosecutor is governed by factors given by Utah law. The most serious offense, a second degree felony, is that level because the property stolen was valued at or more than $5,000, the property was a firearm or motor vehicle, the property is stolen from the person or another, or the theft was committed by someone using a dangerous weapon. The level of offense is primarily based upon the value of the property taken but other factors exist. We can explain all the factors used to determine whether a theft is a felony or a misdemeanor. Theft in Utah can also be enhanced to a higher level of offense if a person was convicted previously of theft in a 10 year period or 5 year period depending on the circumstances of the case. Under Utah law, a person commits theft if he “obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.”. Theft means that a person unlawfully takes someone else’s property with the intent to keep it for some period of time or not return it to the rightful owner. Utah criminal statutes also contain a number of other specific types of theft offenses including theft by extortion, theft of lost, mislaid, or mistakenly delivered property, and receiving stolen property. Theft Crimes in UtahUtah law provides for a wide variety of theft crimes including: Penalties for Theft• Class B Misdemeanor Theft: Theft of property or services valued at less than $500 is usually charged as a class B misdemeanor in Utah. The punishment for a class B misdemeanor in Utah includes imprisonment for a term of no more than six months and a fine of no more than $1,000. Most shoplifting or retail theft offenses in Utah are charged as a class B misdemeanor when the value of the property stolen is less than $500. • Class A Misdemeanor Theft: Theft of property or services valued at more than $500 but less than $1,500 is usually charged as a class A misdemeanor in Utah. The punishment for a class A misdemeanor in Utah includes imprisonment for not more than one year and a fine of not more than $2,500. • Third-Degree Felony Theft: Theft of property or services valued at more than $1,500 but less than $5,000 is usually charged as a third-degree felony in Utah. Also, theft can be charged as a third-degree felony in Utah if, within the past 10 years, the offender has twice been convicted of any kind of actual or attempted theft, robbery, fraud, or burglary with intent to commit theft. The punishment for a third-degree felony in Utah includes imprisonment for a term of not more than five years and a fine not to exceed $5,000. Theft is a very serious crime in Utah that carries stiff penalties. A theft conviction is one where charges can be added onto each other, which means that multiple convictions of even minor offenses can become very serious, as multiple charges means multiple sentences. A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof. There must be evidence to support the accusation made by the police. This evidence often does not meet the standard laid out in the law. Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailers, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise. Theft Lawyer Free ConsultationWhen you need to defend yourself against theft charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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