Choosing Between a Guilty and No Contest Plea for Shoplifting

Attorney Answer

For a class B misdemeanor retail theft, a guilty plea and a no contest plea carry the same maximum sentencing exposure — up to six months in jail and a fine up to $1,000 — but they are not otherwise interchangeable, and your own record can change what you are actually facing.

Utah Code § 76-3-204 caps jail time for a class B misdemeanor at six months, and Utah Code § 76-3-301 caps the fine at $1,000, with total interest on that fine limited to 25% of the original amount. Utah Code § 76-6-602, the retail theft statute, sets the class B tier for merchandise valued under $500 where no enhancement applies.

That ceiling isn't the whole picture, though. Prior convictions can raise the grading — certain qualifying priors can push even a low-value case up to a class A misdemeanor. And in one specific situation, where a person has a second or subsequent retail theft conviction and a prior federal illegal-reentry conviction, the statute imposes a mandatory 180-day jail sentence that the court cannot suspend. Whether any of that reaches you depends entirely on your criminal history, which is why confirming your record before entering any plea matters more than choosing between the two plea types.

Beyond the criminal sentence itself, guilty and no contest pleas do differ in ways that can matter. Most notably, a no contest plea generally cannot be used against you as an admission in a related civil case, while a guilty plea can. There can also be differences in how each is treated for immigration purposes or in later proceedings, depending on your circumstances.

What you can do

1. Confirm with your attorney, the prosecutor, or the court whether any prior convictions could enhance your charge before you enter any plea. 2. Request a copy of the criminal history the prosecution is relying on. 3. Ask your attorney or a public defender to explain the practical differences between guilty and no contest for your specific situation, including civil liability and, if relevant, immigration consequences. 4. Ask whether a plea in abeyance or a diversion program is available in your court for a low-level theft charge. 5. Don't enter a plea at your first hearing without reviewing these options with counsel.