Three Strikes Laws in Utah

Does Utah have a “three strikes” rule?

Some states have notoriously harsh three-strikes laws. While not formally referred to as “three-strikes” law, the Utah criminal code does have provisions that can substantially increase the penalties for a third offense in certain felony and misdemeanor cases.

Even a first offense can have serious consequences in Utah. Whether you are facing
criminal prosecution for the first time or you have been through the system before, having an experienced criminal defense attorney on your side can help give you the best chance at successfully defending your case.

The best defense attorneys ask questions that police don’t.

Three-Strikes DUI Laws in Utah

Even first-time DUI convictions in Utah can carry serious consequences, including jail time, substantial fines, driver license suspension, and more. But with repeat offenses, the penalties become more severe.

A third DUI conviction within a 10-year period can be charged as a third-degree felony. The maximum punishment for a third-degree felony DUI in Utah is up to five years in prison and a fine of $9,500 in fine (including surcharge).

The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.

While probation is possible on a felony DUI case, judges often impose prison sentences for third-strike DUI convictions. If a sentencing judge suspends the prison term and instead grants probation on a felony DUI conviction based on enhancements for prior convictions, the judge is required to impose certain mandatory sentencing provisions. These include 62.5 days (1500 hours) of jail time (or electronically monitored home confinement) and a minimum fine
of $2,850 (including surcharge).

Probation must also include certain conditions including formal supervision, substance abuse screening and assessment, and a minimum of 240 hours of intensive outpatient or
inpatient substance abuse treatment.

Theft Charges and Enhancements

The level of offense for most theft charges in Utah is based on the value of the property stolen. But in cases where the defendant has been twice before convicted of a theft-related offense within a 10-year period, a prosecutor can enhance even a petty theft offense to the third-degree felony level. To have this enhancement apply, at least one of the prior convictions must have been for a class A misdemeanor or higher level conviction. This three-strike rule means that even a petty theft charge can be filed as a third-degree felony if the defendant’s criminal record contains at least two relevant convictions within the 10-year period.

A good defense strategy helps you achieve your goals.

A good defense strategy should be designed to help you achieve your goals.

The offenses that count as “strikes” in the context of a theft case include any theft, any robbery, burglary with the intent to commit theft, fraud, or an attempt to commit any of those offenses. By using the term “any” in relation to theft and robbery, the legislature has
included all of the theft varieties (theft of services, theft by deception, theft from a person, theft of a motor vehicle, theft by receiving stolen property, etc.) as well as both ordinary and aggravated robbery.

Enhanced Penalties for Domestic Violence Convictions

Domestic violence laws do not follow a “three-strikes” pattern. Instead, a domestic violence offense can be enhanced by one level based on even a single prior domestic violence conviction within a five-year period of time. For example, an offense that would normally be a class A misdemeanor can be enhanced to a third-degree felony if the defendant has been convicted of a qualifying domestic violence offense within a
five-year period.

The list of domestic violence laws in Utah is extensive, and generally includes any offense that involves violence, physical harm, or threats of harm or violence against any cohabitant. Utah Code 77-36-1 also provides a list of specific offenses that are classified as domestic violence offenses when committed against a cohabitant. If a listed offense is committed against a cohabitant, the charge can be classified as a domestic violence offense.

The best attorneys know how to fight, what to fight, and when to fight.

Defense attorneys help ensure a fair criminal justice system in Utah.

Habitual Violent Offender Enhancements

Utah Code 76-3-203.5 provides one of the most severe enhancements for prior offenses. In order to be subject to the habitual violent offender enhancement, a defendant facing prosecution for a violent felony must be proven to have been twice before convicted of a violent felony and previously committed to prison for the offense.

If a person is found to be a habitual violent offender, the penalty for either a third- or second-degree felony increases to the first-degree level. If the underlying offense would otherwise already be a first-degree felony, then defendant cannot be placed on probation, and the Board of Pardons and Parole is required to consider the defendant’s status as a habitual violent offender as an aggravating factor in determining a release date from prison.

Unlike some three-strikes laws, Utah’s habitual violent offender does not require mandatory life prison sentences. And in cases involving what would have otherwise been a second- or third-degree felony, probation may still be a sentencing option.

Finding a Utah Criminal Defense Attorney

If you are facing the possibility of an enhanced criminal charge in Utah, having an experienced criminal defense attorney on your side can be vital to presenting a successful defense.