Utah Criminal Defense Lawyer - Sentencing Attorney
Sentencing courts in Utah can impose punishments ranging from probation
to prison. The maximum potential sentence is determined by
the state legislature, based typically on the designated offense level
for the offense charged. But for most offenses, the court has
discretion to determine
whether probation should be granted or if the defendant should be
ordered
to serve a jail or prison term. As an
experienced Utah
criminal lawyer, Stephen
Howard has obtained probation for clients who originally faced serious
charges including aggravated robbery, aggravated burglary, child abuse
homicide, and many more.* Based in Salt
Lake City, Mr. Howard is prepared to represent clients in sentencing
hearings
throughout Utah. Contact us today to schedule an initial consultation.
There are a few offenses for which
the legislature has determined a mandatory prison or jail sentence.
Utah Sentencing - Getting It Right the First Time
If you are dissatisfied with the sentencing decision imposed in your
case, you have the right to
appeal
the sentence. However, Utah's appellate courts very rarely
overturn a sentence imposed by the
district
court. Because it is so difficutl to get a sentencing order
reversed on appeal, it is critical to have an experienced criminal
defense attorney on your side to help ensure the best possible results.
In reviewing a district court's sentence, Utah appellate
courts consistently apply an "abuse of discretion" standard in
reviewing the sentencing decisions of a trial court.
Typically, a Utah appellate court will only find an abuse of
discretion if the sentencing court fails to consider all legally
relevant factors and information presented at sentencing. A
sentencing court may also be found to have abused its discretion if a
sentence imposed is "clearly excessive." But so long as the
sentence is within the statutory range provided by the legislature, it
is unlikely that an appellate court would find such a sentence to be
"clearly excessive."
The "abuse of discretion" standard of review on appeal makes appealing
a sentence in Utah an uphill battle. But making the appeal
process even more difficult is the fact that the defendant bears the
burden of demonstrating on appeal that the sentencing court failed to
properly consider all of the relevant factors. A defendant
may alternatively show that "no reasonable person" would have taken the
view adopted by the sentencing court. But these standards are
difficult to meet, and a reversal on appeal of a sentencing court's
decision is very rare.
Sentences imposed by justice courts in Utah provide an exception the
the appeal rules described above. Because Utah's justice
courts are not considered to be courts of record, the appeal process
from a justice court involves a "de novo" hearing in the district
court. This "de novo" appeal may involve an entirely new
hearing or, in some cases, an entirely new trial. and new sentencing
hearing.
If you are facing a sentencing hearing in one of Utah's state district
courts, you should treat your sentencing hearing as your only chance to
make your case. The appeal standards you will face in
appealing a district court's sentence are strict, and reversal on
appeal of a district court's sentencing decision are rare. It
is important, therefore, to have an experienced criminal attorney on
your side at a sentencing hearing.
Contact a Salt Lake Criminal Lawyer
Based in Salt Lake City, criminal defense lawyer Stephen Howard
represents clients throughout Utah. He has successfully
represented clients at sentencing, obtaining probationary sentences for
clients originally facing
misdemeanor
and
felony
charges including aggravated robbery, aggravated burglary, kidnapping,
fraud, negligent homicide, first-degree felony
drug charges, and many
more.*
Contact us
today for an initial consultation with criminal defense lawyer Stephen
Howard.
*These results are presented by way of example only, and
are not intended to suggest any guarantee of any particular result in
your case. Each case is unique, and a court's decision
regarding sentencing can be affected by many different factors. You
should consult with a Utah criminal defense attorney
before making any decision on how to proceed with your criminal defense
case.