Wrongful appropriation is a criminal offense in Utah and is distinct from misdemeanor or felony theft charges. However, if convicted for wrongful appropriation, a person can still find themselves facing tough penalties. Conviction can also serve as an unintended roadblock to future employment prospects in security-sensitive industries and even affect current employment. It’s important to remember that you do have legal options and an arrest does not mean automatic conviction.
Salt Lake City Wrongful Appropriation Defense Lawyer
Darren M. Levitt is a Salt Lake City theft defense attorney dedicated to defending the rights of individuals facing misdemeanor or theft charges. He uses a proactive approach, filing motions to suppress evidence or dismiss the case, depending on weaknesses revealed in the investigation and prosecution. His Salt Lake City based law firm focuses exclusively on criminal defense and represents clients throughout Salt Lake County, Summit County, Tooele County, and the surrounding areas. Call (801) 455-1743 or send an online message to request a free consultation.
Salt Lake City Attorney Explains “Wrongful Appropriation”
Under Utah Criminal Code § 76-6-404.5, wrongful appropriation is committed if the defendant does the following;
- exercises or obtains unauthorized control over property;
- the property belongs to another;
- the property is obtained without the consent of the legal custodian or owner;
- with property was obtained with the intent to temporarily deprive the legal custodian or owner of possession of the property or temporarily use, possess or appropriate the property.
Previous Incidents of Consent Given By the Owner
Utah law provides that the consent of the owner of the property to its control by the defendant is not implied or presumed because of the owner’s consent on a previous occasion to the control of the property by any person.
Penalties under Utah’s Wrongful Appropriation Statute
The criminal offense of wrongful appropriation is a lesser included offense of theft. Wrongful appropriation is punishable at a level one degree lower than theft. As provided in Utah’s Criminal § Section 76-6-412, a violation which would have been:
- wrongful appropriation is a class C misdemeanor if it had been a class B misdemeanor theft under Utah Criminal Code § 76-6-412;
- wrongful appropriation is a class B misdemeanor if it had been a class A misdemeanor theft under Utah Criminal Code § 76-6-412;
- Wrongful appropriation is a class A misdemeanor if it had been a third degree felony theft under § 76-6-412; and
- Wrongful appropriation is a third degree felony if it had been a second degree felony theft under § 76-6-412.
Levitt Legal, PLLC || Wrongful Appropriation Defense Lawyer in Salt Lake City
If you or a loved one is facing charges of wrongful appropriation call Levitt Legal at (801) 455-1743. During your free consultation, Darren M. Levitt will help you understand the charges you face and Utah’s criminal justice process. Based on the unique details that you provide, he can begin laying the foundation for a solid defense strategy. It’s best to seek legal guidance as soon as you can since the prosecution will be using this time to build a case against you.