Salt Lake Criminal Defense Attorney Utah
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Veteran Criminal Defense Attorney / Former Prosecutor
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Canyons Law Group - Solutions Start HereSM

Contact Us

Shoplifting Attorney Utah - Retail Theft - Criminal Defense

A Utah criminal conviction for shoplifting can range anywhere from a class B misdemeanor (180 days jail) to a second degree felony (1-15 years prison). Like other forms of Utah theft, the level of a retail theft charge is usually determined by the value of the merchandise involved. Stephen Howard is a seasoned Utah criminal defense lawyer who has successfully handled literally thousands of serious felony and misdemeanor charges. If you are facing criminal charges for retail theft or shoplifting, Mr. Howard has the experience to help you get the results you need. Contact us today for an initial consultation.

What constitutes shoplifting or retail theft in Utah?

Utah Criminal Charges Retail TheftSections of the Utah criminal code governing retail theft (shoplifting) provide several alternatives under which a person can be charged criminally with retail theft. The most common forms of retail theft involve allegations that a person took "merchandise displayed, held, stored, or offered for sale in a retail mercantile establishment" with "the intention of depriving the merchant permanently of the possession, use, or benefit of such merchandise without paying the retail value of" the merchandise taken or possessed.

Contrary to popular belief, you do not have to leave the store in order to be charged with retail theft or shoplifting. Simply hiding an item in your jacket or bag, removing an item from its packaging, or switching price tags can lead to criminal charges of retail theft, if there is evidence that you had the intent to deprive the merchant of the merchandise without paying for it.  

Removing a shopping cart from the store premises can be charged as retail theft. If you are employed as a clerk and "under-ring" merchandise for someone else, that can be charged as retail theft.

What should I do if I am caught shoplifting in Utah?

The first thing you should NOT do if you are caught shoplifting is to struggle to get away. If a clerk or other store employee approaches you, DO NOT push them out of your way. DO NOT struggle against them if they attempt to detain you.  This can turn a minor misdemeanor retail theft charge into a serious felony robbery case.

Under Utah criminal law, "any merchant who has probable cause to believe that a person has committed retail theft may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time. . . ."

If you use force against a store employee or other person either during the course of committing a retail theft, or while attempting to flee after committing a retail theft, you may be charged with robbery. Robbery begins as a second degree felony punishable by 1-15 years in prison. Under some circumstances, you could be charged with aggravated robbery with the potential for life in prison.

If you are detained on suspicion of shoplifting, while you should not physically resist, you are in no way required to make any statements. You have a Fifth Amendment privilege against self-incrimination and a right to remain silent. You are under no legal obligation to make any statement or to offer any explanation for your actions. And your case will generally be better if you exercise your right to remain silent. You will have a chance to tell your side of the story. But you are generally better off if you wait to get advice from a lawyer before you talk.

What are the consequences of being convicted of retail theft?

Retail theft begins as a class B misdemeanor (180 days jail) if the value of the merchandise is less than $500. If the merchandise is worth $500 up to $1,500, the level increases to a class A misdemeanor (365 days jail). Anything $1,500 or over is a third degree felony (0-5 years prison). Over $5,000, and you could be faced with a second degree felony (1-15 years prison).  

Retail theft is also considered an "enhanceable" offense. If you have been previously convicted of two theft or theft-related offenses, then any theft begins at the third degree felony level. Even if the item allegedly taken is worth only pennies, it is still a third degree felony.

Shoplifting also carries the potential for substantial financial penalties. In addition to criminal court fines (which can be in the thousands of dollars), a person who commits retail theft can also be subject to civil penalties, court costs, and attorneys fees.

Finding a Utah Criminal Defense Lawyer in Salt Lake City

If you are facing criminal charges for retail theft, your case should be taken seriously. Stephen Howard is an experienced Utah criminal defense lawyer with a track record that includes dismissals, not guilty verdicts, and appellate reversals in some of the most serious crimes on the books in Utah. Contact us today to schedule an initial consultation with Salt Lake criminal defense attorney Stephen Howard.

RELATED CRIMINAL DEFENSE TOPICS


Best Rating
Make a Payment to Your Account
Contact a Lawyer
** All fields are required. **
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Utah Burglary Defense Attorney Not Guilty - Client was charged with second-degree felony residential burglary and facing potential prison time. Investigation by the defense revealed multiple witnesses, missed by police and prosecutors, who supported client's claim of innocence. At trial, the jury returned a "not guilty" verdict on all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Felony Attorney Utah Dismissed - Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution's case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

Aggressive is good. Effective is better. The best defense strategy in any given criminal case can require in-depth analysis of the facts and a thorough understanding of applicable statutes, case law, and complex procedural and evidentiary rules. Having an experienced attorney on your side....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case can be the single most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

Experience »
Conviction Consequences - Utah Criminal Defense

In Utah, even a "minor" misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon. Never plead guilty without first finding out....

Consequences »
Utah Criminal Defense Attorney - Reasons to Hope

Being charged with a crime is not the same as being convicted. But just being charged can affect more than you may have imagined - jail, job, family, bills, rent or mortgage. It can feel like everything has gone wrong, and may you wonder if anything can go right. But facing criminal prosecution does not mean giving up hope....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
340 East 400 South, Suite 25, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.