Theft Offense

Although Salt Lake City is considered one of the safest cities in the country, crime happens everywhere and Salt Lake City is not immune. In fact, theft is one of the most common crimes committed in UtahAccording to the Salt Lake City crime statistics, approximately 1,000 theft crimes per month have been reported to police since the start of 2017. There were a total of 52,055 theft related offenses reported in 2019 by various local law enforcement agencies throughout the state of Utah. 

Theft crimes are offenses that can have severe repercussions, and negatively affect many aspects of your life. Crimes that show a lack of morals can have severe consequences and affect your educational, housing, and employment opportunities. It may also even negatively impact your immigrational status. 

Theft Crimes Attorney in Salt Lake City, UT

If you or someone you know has been charged with theft in Salt Lake City, UT, contacting an experienced criminal defense attorney can mean the difference between a dismissal of your charges versus ending up with a criminal record. Attorney Susanne Gustin has over twentyfive years of experience fighting for the rights of criminal defendants throughout Salt Lake City.

She handles cases in Tooele County, Summit County, Weber County, Davis County, and Utah County, Utah, to name a few. As founder of Susanne Gustin Attorney at Law she prides herself on being an effective and zealous litigator. Call (801) 243-2814 now to schedule a free, initial consultation and to find out how Susanne Gustin can help you.


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Utah Theft Crimes Information Center


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Theft Crimes in Utah

According to Utah Code 76-6-404, there are several elements which constitute a theft offense. In order to convict an individual of theft, the state of Utah must prove the following elements reasonable doubt:

  • The person obtained or exercised authority over property;
  • The property obtained or controlled by the person belonged to another; and
  • The person obtained or controlled the property with the purpose of depriving the victim of the property.

Theft crimes in Utah consist of more than shoplifting. Theft crimes include everything from petty theft to theft of a motor vehicle. Some common theft crimes include, but are not limited to, the following:

  • Simple theft
  • Retail theft
  • Motor vehicle theft
  • Theft of services
  • Theft of rental property
  • Receiving stolen property
  • Theft by extortion

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Defenses to Theft Crimes in Utah

A theft may be committed on the spur of the moments, but unfortunately, the consequences from a conviction is long-lasting. The defendant has the burden to prove his or her defense. In times such as these, having quality legal counsel from an attorney is important. An experienced criminal defense lawyer can help you obtain the best result possible in your case. That’s where Susanne Gustin Attorney at Law steps in. 

Susanne Gustin Attorney at Law can utilize the following defenses in your theft case:

  • The alleged offender acted under an honest claim of right to the property or service involved;
  • The alleged offender acted on the honest belief that he or she had a right to obtain or exercise control over the property or service; or
  • The alleged offender obtained or exercised control over the property honestly believing that the owner would have consented if he or she had been present.

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Penalties for Theft Convictions

Theft crimes penalized, in Utah, based on the value of the property stolen or the type of property stolen. A theft can be charged as a misdemeanor all the way up to a serious second-degree felony. Theft carries the following penalties:

Theft is charged as a second-degree felony if:

  • The value of the property stolen is $5,000 or more;
  • The property stolen was a firearm or motor vehicle; or
  • The property is stolen from the person of another.

Theft is charged as a third-degree felony if:

  • The value of the property stolen is between $1,500 and $5,000;
  • The value of the property is $500 or more and the offender has two prior convictions of theft within ten years of the date of the offense;
  • The property stolen is a cow, heifer, mare, stallion, ox, bull, steer, calf, sheep, jack, jenny, goat, mule, or other cattle raised for commercial purpose that does not meet the property value of a theft comprising a second-degree felony, among other circumstances.

Theft is a Class A Misdemeanor if:

  • The value of the property stolen is between $500 and $1,500;
  • The value of the property stolen is or exceeds $500 but is less than $1,500 and the theft occurs on a property where the offender has, within five years, previously committed any theft, and the offender has, in the past, received a notice from a merchant prohibiting him or her from entering the property; or
  • The actor has been twice convicted of any theft offense within ten years of the relevant charges.

Theft is a Class B misdemeanor if the value of the property stolen is less than $500.

Considering that theft charges range from a Class B misdemeanor to a second-degree felony, understanding the potential punishment is important. Theft crimes may be punished as follows:

  • Class B Misdemeanor – punishable by up to six (6) months in jail and up to a $1,000 fine.
  • Class A Misdemeanor –punishable by up to one year in jail and up to a $2,500 fine.
  • Third-Degree Felony – punishable by up to five (5) years in prison and up to $5,000 fines.
  • Second-Degree Felony –punishable by one (1) to fifteen (15) years in prison and up to a $10,000 fine.

The judge may also impose a 90% surcharge onto any fine imposed.


Additional Resources for Theft Crimes in Utah

Theft Classification of Offenses | Utah Criminal Code § 76-6-412– Visit the Utah Legislature’s official website for the full statutory disposition of theft crimes and their consequences in Utah. The website provides valuable information to other sections of Utah’s Criminal Code. 

Utah Department of Public Safety Crime Report – Follow the link to view the recent crime report for the state of Utah, released by the Utah Department of Public Safety Bureau of Criminal Identification (BCI). The report demonstrates the crimes that have been reported to local law enforcement agencies throughout the state. 


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Utah Theft Crimes Attorney

If you or someone you know has been charged with theft in Utah, it’s best to seek legal representation as soon as possible. Attorney Susanne Gustin has over 30 years of representing clients with criminal defense cases. She knows how to protect you and develop the right strategies for success.

Do not face your theft charges alone. Utah criminal defense lawyer Susanne Gustin serves individuals in Salt Lake City, Midvale, Riverton, Taylorsville, Clearfield, Layton, Davis County, and the surrounding areas. Call (801) 243-2814 now to schedule a free, initial consultation.


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