Strategy in Defending Felony Charges in Utah
The best strategy for defending against a Utah felony prosecution will depend on the facts of the case, careful legal analysis, and consideration of the client’s goals and needs.
Some cases will benefit from an aggressive defense involving motions to suppress evidence, evidentiary hearings, a motion to quash a bindover, or jury trial. In other cases, the client may be better served by presenting a mitigation defense that opens the door to a better negotiated resolution.
The best defense attorneys ask questions that police don’t.
Contact us today to see what the right defense team can do for you.
Consequences of a Felony Conviction in Utah
A Utah felony conviction can have devastating consequences. If you are facing criminal charges for a Utah felony offense, you need an experienced and effective Utah criminal defense attorney on your side. Stephen Howard has defended literally thousands of serious felony charges during his career – everything from riot to aggravated murder, from DUI to drug distribution, and from forgery to securities fraud.
Potential Prison Sentences in Felony Cases
Under Utah law, a felony is any criminal offense that is punishable by more than a year of incarceration. A third degree felony is punishable by up to five years in prison. A second degree felony is punishable by up to 15 years in prison. A first degree felony can result in a sentence of life in prison. The death penalty in Utah is reserved only for aggravated murder.
The best attorneys understand that the effects of a criminal charge extend beyond the courtroom.
Fines in Utah Felony Cases
Fines in Utah felony cases are determined by the judge. The maximum potential fine for a third degree felony conviction is $5,000 (plus an additional 90% surcharge). Both second and first-degree felony convictions carry a possible $10,000 fine (plus an additional 90% surcharge). In many felony cases, the court may also order that restitution be paid by the defendant for injuries or damages caused by the defendant’s criminal conduct.
Indeterminate Sentencing in Utah Felony Cases
If you are sentenced to prison, the judge does not determine how much time you will actually serve. Instead, Utah uses what is called “indeterminate” sentencing. That means that the judge has discretion (in most cases) to determine that the prison term should be suspended with conditions of probation, or determine instead to execute the prison sentence. If probation is denied in a felony case, the judge imposes a prison sentence for the range of time determined by statute (e.g. 1-15 years). The determination of how much prison time will actually be served is then left to the Utah Board of Pardons and Parole.
Felony Consequences Beyond the Courtroom in Utah
Beyond prison or jail time, a felony conviction in Utah carries other serious consequences. A felony conviction can affect the right to carry a firearm or to hunt, your ability to obtain certain professional licenses, the right to vote, and the right to serve on a jury. A felony conviction can affect the ability to get a job or get financial aid for school. A felony conviction can make it harder to find housing, or could even result in an eviction from your current residence. A felony drug conviction can result in a driver license suspension.
A successful defense strategy starts with an understanding of your goals and needs.
Felony convictions do not “expire” or automatically disappear from a person’s record, no matter how much time passes. But the consequences of a felony conviction can often be eliminated by having your record expunged or by obtaining an order from the court reducing the offense to a misdemeanor level (a “402 reduction”). A 402 reduction may also be used in some circumstances to restore a person’s eligibility for expungement. If you have already been convicted of a felony, contact us to see how we may be able to help you.
Finding a Felony Defense Attorney
If you are facing a Utah felony charge, you need an experienced Utah criminal defense attorney on your side. Contact us now to schedule an initial consultation.