There are two main branches of law in Utah, criminal law and civil law.  Criminal law is the laws governing behaviors that are prohibited by society and the punishments for violations of those laws.  Private individuals don’t bring criminal charges against violators of the law; instead, the ability to charge a person with violation of a criminal law is given to state officials such as county and city prosecutors. Besides fines, the main punishment for violation of a criminal law is jail or prison.  Civil law is the laws allowing individuals to seek redress for private wrongs committed against them.  For example, if two people make a contract with each other and one of them violates the contract, the other person can ask a court to fix the violation by awarding the non-violating party money.

Sometimes criminal and civil law overlap.  Assault can be charged as a criminal charge or a private person can sue another person for assault under civil laws.  Retail theft, more commonly referred to as shoplifting, is another law where there are both criminal and civil penalties.

Shoplifters are Civilly Liable to Stores for Theft

Shoplifting violations occur in Provo and Orem when someone takes property from a store without intending to pay for the property.  Shoplifting is usually charged as a class B misdemeanor which can result in a 180 days in jail and $1,000 fine.  The criminal penalties are better know and understood than the civil penalties.  Utah Code § 78B-3-108 makes a shoplifter civilly liable to a retail store for the crime of retail theft.  This law allows the retail store to receive damages for the theft.  Damages are the monetary losses suffered by the store as a result of the crime.  Utah Code § 78B-3-108 also makes the shoplifter responsible to pay a penalty, courts costs, and attorney fees.  The stores receives this money whereas in a criminal case the fine would be paid to the court.

Even though a person who shoplifts is liable to pay the store for the crime, he or she is not obligated to do so until the store receives a judgment against the person.  This requires the filing of a lawsuit and a judge ordering the person to pay.  However, most stores do not follow this course of action.  Instead, the store will send a demand letter requesting that the person pay so the store will not have to file a lawsuit.

Contact a Provo Orem Area Lawyer

If you have been charged with shoplifting in the Provo and Orem area, and you have received a demand letter from the retail store, call us to speak with a lawyer today.  Our lawyers will help you with both your criminal and civil cases related to the theft.  Call 801.800.8246 to speak with us today.

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Property rights are very important legal concepts in Utah law.  There are many different types of laws in Utah that protect one’s right to possess and use property as he or she sees fit.  One such law is found in Utah Code 76-6-206.  This section of the Utah Code prohibits the trespassing of one person upon the property of another.  The title of the code is entitled “Criminal Trespass.”  The violation of criminal trespass is probably one of the most common property crimes aside from retail theft.  It is important for those charged with criminal trespass to contact a criminal trespass lawyer from Criminal Defense Provo.

The Elements of Utah’s Criminal Trespass Statute

In order for a person to be found guilty of criminal trespass in Utah, a person must first enter or remain unlawfully upon property and either:
1.)  intend to cause annoyance or injury to any person or damage to any property;
2.)  intend to commit any crime, other than theft or a felony; or
3.)  is reckless as to whether his or her presence will cause fear for the safety of another.

A person can also be convicted of criminal trespass if the person, knowing his or her entry or presence is unlawful, enters or remains on property as to which notice against entering is given by either:
1.)  personal communication to the actor by the owner or someone with apparent authority to act for the owner;
2.)  fencing or other enclosure obviously designed to exclude intruders; or
3.)  posting of signs reasonably likely to come to the attention of intruders.

Finally, a person violates Utah’s criminal trespass statute by entering a condominium unit in violation of Utah Code Subsection 57-8-7(7).  A violation of criminal trespass is usually charged as a class A misdemeanor, class B misdemeanor, or an infraction.  Because a class A misdemeanor conviction carries a potential penalty of up to one year in jail, it is important for anyone facing charges of criminal trespass in Utah County, Wasatch County, or the surrounding areas to contact a Provo Criminal Defense Lawyer.

Criminal Trespass Defense

If you have been charged with criminal trespass or any other property crime, don’t defend the charges alone.  The criminal justice system is too complicated for a person to handle it alone.  Contact a Provo Criminal Defense Lawyer to fight the charges and protect yourself.  Our consultations can be handled quickly over the phone.  Call us to today at 801.800.8246.

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