Receiving stolen property is a serious criminal offense in Utah that involves knowingly possessing, receiving, or controlling property that has been unlawfully taken from its rightful owner. This offense is considered theft under Utah Code § 76-6-408 and is punishable based on the value of the stolen property. Whether the property was received through purchase, trade, or other means, the charge emphasizes the receiver’s knowledge or intent regarding the stolen nature of the item.
Salt Lake City Defense Lawyer for Receiving Stolen Property
You can be charged with receiving stolen property in situations such as buying goods you suspect are stolen or possessing items that law enforcement later identifies as stolen. Regardless of the circumstances, Susanne Gustin is here to defend you.
Call Susanne Gustin, Attorney at Law, at 801-243-2814 or submit an online form to schedule a confidential consultation. Susanne Gustin represents clients facing theft charges throughout Salt Lake County and Davis County, including Salt Lake City, West Valley City, Layton, Bountiful, West Jordan, Sandy, and surrounding communities.
Information Center for Receiving Stolen Property in Utah
- What is Receiving Stolen Property?
- Penalties for Receiving Stolen Property in Utah
- Defenses Against Receiving Stolen Property Charges in Utah
- Additional Resources
What Is Receiving Stolen Property in Utah?
Receiving stolen property is defined as acquiring or exercising control over property that has been stolen, knowing or believing that it was obtained unlawfully. This offense can occur through a variety of scenarios, including purchasing stolen items at a discount, knowingly storing stolen goods, or taking possession of items with clear signs of theft. Utah Code § 76-6-408 states as follows:
An actor commits theft by receiving stolen property if the actor receives, retains, or disposes of the property of another knowing that the property is stolen, or believing that the property is probably stolen, or who conceals, sells, withholds, or aids in concealing, selling, or withholding the property from the owner, knowing or believing the property to be stolen, intending to deprive the owner of the property.
Some common examples of receiving stolen property include:
- Buying Electronics at Unreasonably Low Prices: Purchasing items such as smartphones, laptops, or TVs at suspiciously low prices, knowing they might be stolen.
- Accepting Stolen Goods: Agreeing to store or hold items for someone, knowing they were obtained unlawfully.
- Pawn Shop Transactions: Selling or pawning stolen goods without verifying their origin.
- Possession of Stolen Vehicles: Taking possession of a car or motorcycle without proper documentation or proof of ownership.
- Receiving Gifted Stolen Items: Accepting property as a gift while knowing or suspecting it was stolen.
Penalties for Receiving Stolen Property in Utah
The penalties for receiving stolen property depend on the value of the stolen items and whether aggravating circumstances are present. Utah uses a value-based classification system for theft-related crimes:
Class B Misdemeanor:
- Value: Less than $500.
- Penalties:
- Up to 6 months in jail and
- Fines up to $1,000.
Class A Misdemeanor:
- Value: $500 to $1,500.
- Penalties:
- Up to 1 year in jail and
- Fines up to $2,500.
Third-Degree Felony:
- Value: $1,500 to $5,000.
- Penalties:
- Up to 5 years in prison and
- Fines up to $5,000.
Second-Degree Felony:
- Value: $5,000 or more or involves firearms or significant property.
- Penalties:
- Up to 15 years in prison and
- Fines up to $10,000.
Defenses Against Receiving Stolen Property Charges
Several defenses can be used to challenge receiving stolen property charges in Utah, depending on the circumstances:
- Lack of Knowledge: The defendant did not know or have reason to believe the property was stolen
- Mistaken Identity: The defendant was falsely accused or not the person who received or controlled the stolen property.
- Ownership Dispute: The defendant believed they had a lawful claim to the property.
- Insufficient Evidence: The prosecution lacks sufficient evidence to prove the defendant knew the property was stolen.
- Coercion or Duress: The defendant was forced or threatened into accepting the stolen property.
Additional Resources
- Utah Code § 76-6-408: The statute lists receiving stolen property as a serious criminal offense that involves knowingly possessing, receiving, or controlling property that has been unlawfully taken from its rightful owner.
- Theft and Property Crimes: Even for first-time offenders, theft and property crime allegations are serious charges. For second and third offenses, penalties are far more severe. Contact Sussanne Gustin today for a consultation.
Criminal Defense Lawyer for Receiving Stolen Property Charges in Salt Lake County, Utah
Receiving stolen property is a serious offense that can lead to harsh penalties, but a charge does not automatically mean a conviction. With an experienced criminal defense attorney, you can explore all options for defending your case and minimizing the consequences.
Susanne Gustin, Attorney at Law, has decades of experience defending clients against theft-related charges in Utah. She is dedicated to protecting her clients’ rights and pursuing the best possible outcomes, whether through negotiations or taking the case to court.
For a consultation, contact Susanne Gustin at 801-243-2814. She serves clients throughout Salt Lake County, Davis County, Layton, Bountiful, Clearfield, North Salt Lake, Centerville, Woods Cross, West Point, and Kaysville.
