What makes a Utah felony an “aggravated” charge?
In Utah, an “aggravated” felony charge typically involves the use of a dangerous weapon or the infliction of a “serious” or “substantial” physical injury.
In some cases, the prosecutor may not have to prove that the defendant had a real weapon. For certain enhancement purposes, a fake weapon or even just a false claim of possessing a weapon may be sufficient to support an aggravated charge.
The best defense attorneys ask questions that police don’t.
For example, a simple robbery charge can be enhanced to an aggravated robbery if the defendant is alleged to have used or threatened to use a dangerous weapon. For purposes of this statute, a “dangerous weapon” includes “any item capable of causing death or serious bodily injury” or any facsimile or “representation” of such an item. Thus, a person who puts his finger in his pocket and claims to have a gun during the course of a robbery could be convicted of aggravated robbery under Utah law.
While a weapon need not be real, an aggravated felony based on a “serious” or “substantial” injury must involve a real injury. A “serious” bodily injury is one that “creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.”
A “substantial” bodily injury is less serious than a “serious” injury, and “creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.”
A good attorney will talk with you about how your case can affect your job, education, family, and future.
What is the penalty for an “aggravated” felony in Utah?
Aggravated felony charges in Utah range from a third degree felony (punishable by up to five years in prison) to the capital crime of aggravated murder (potentially punishable by the death penalty or life in prison without the possibility of parole). Charges that can be raised to an aggravated level include murder, kidnapping, robbery, burglary, assault, sexual assault, arson, escape, and more.
Each of these enhanced “aggravated” felony charges carry a substantial increase in the potential punishment. For example, a simple assault charge is a misdemeanor punishable by up to six months in jail. But an aggravated assault can be charged as a second degree felony punishable by up to a 15 year prison term. Other crimes that begin at the felony level (such as burglary or robbery) can be enhanced to first degree level charges punishable by up to life in prison.
Aggravated kidnapping is potentially punishable by life in prison without the possibility of parole. Some aggravated felony charges carry mandatory minimum prison sentences that must be imposed by the court if a defendant is convicted.
A successful defense strategy starts with an understanding of your goals and needs.
Finding an Experienced Utah Criminal Lawyer
If you are facing an “aggravated” Utah criminal charge, the stakes are high. Aggravated felony charges carry the potential for harsher sentencing, including extended prison terms, thousands of dollars in fines, and the prospect of being labeled a “convicted felon.”
Contact us today to schedule an initial consultation. See what the right defense team can do for you.
