Defending Cases with Repeat Enhancements
If you are facing criminal charges in Utah on a charge where you have prior convictions, a prosecuting attorney may pursue your case more aggressively and a judge may impose a harsher sentence if you are convicted. In addition, the legislature has enacted statutes that impose enhanced penalties where there have been repeated prior violations.
In addition to asserting applicable legal or factual defenses in your case, your attorney should also be able to help guide you through certain steps you can take that may help convince a prosecuting attorney that you deserve a break or convince a judge to be lenient.
The best criminal defense attorneys insist on fair courtroom procedures that respect clients’ rights.
Contact us today to arrange an initial consultation. See what our defense team can do for you.
Enhanced Sentencing for Repeat Offenders in Utah
Some criminal charges in Utah contain enhancements for repeat offenders. These enhancements can include increased mandatory sentencing provisions, or may increase the base level of the offense.
Even where there is no formal statutory enhancement to the level of a crime or the minimum sentence for a conviction, Utah prosecutors and judges will consider a person’s prior criminal criminal record in determining how aggressively to prosecute the case or in making a sentencing order. Pre-sentence reports prepared by Adult Probation and Parole (AP&P) will normally contain information for the judge and prosecutor regarding a defendant’s prior criminal record – both adult records and juvenile records. The Utah sentencing guideline matrix system also takes into consideration a defendant’s prior criminal history in classifying the defendant for sentencing recommendations.
A good attorney will talk with you about how your case can affect your job, education, family, and future.
Three Strikes Laws in Utah?
Utah does not have a formal “three strikes” law like what was enacted in California in the 1990’s. But there are various crimes under the Utah Code that provide for enhanced penalties for repeat offenders. Here are some examples:
DUI – A first DUI offense in Utah is normally charged as a class B misdemeanor. But a third DUI charge within a 10-year period can be filed as a felony with potential prison.
Theft / Retail Theft – The severity of most Utah theft charges is based on the value of the item(s) taken. A theft of property valued at less than $500 is normally a class B misdemeanor. But for a person with two prior convictions for theft, robbery, burglary with the intent to commit a theft, or certain other related charges becomes an automatic felony charge regardless of value.
Understanding your goals is the first step to developing the best defense strategy.
Domestic Violence – Criminal charges for domestic violence can be enhanced based on prior convictions. Under Utah law, a prior “conviction” for DV enhancement purposes can even include a dismissed plea in abeyance (PIA) case. Utah domestic violence charges that can be enhanced or used as a basis for enhancement can include assault, violation of a protective order, criminal mischief, stalking, harassment, and a variety of other criminal offenses classified as “domestic violence” under Utah law.
Choosing the Right Utah Criminal Defense Attorney
Facing criminal charges is always a serious matter. If you have a prior criminal record, it is even more important to have an experienced advocate on your side. No attorney can guarantee the outcome for your case. But having an experienced criminal lawyer on your side can substantially improve your chances of success.
Contact us today to schedule an initial consultation. See what the right defense team can do for you.
The right criminal defense attorney makes a real difference for YOU and for your case.
