Can a second degree felony be reduced to a misdemeanor after probation in Utah?
Under Utah Code section 76-3-402, a court may reduce the level of a conviction by up to a maximum of two steps. This kind of reduction is often referred to as a “402 reduction” by Utah criminal defense attorneys. If you have been convicted of a second degree felony, but successfully completed probation or parole, you may be able to have the level of the conviction reduced by up to two steps. This two-step 402 reduction would leave the final conviction as a class A misdemeanor.
One-step reductions are fairly common. But a two-step reduction presents the additional hurdle of requiring a prosecutor’s stipulation before the court may consider granting the motion.
The best defense attorneys challenge the status quo through ethical advocacy both in and out of the courtroom.
While a two-step reduction of a second-degree felony charge may be difficult, the benefits are well worth the effort. In addition to being able to shed the “convicted felon” label, having your charges reduced may also restore you eligibility for expungement.
To learn more about having your convictions reduced, contact us today to schedule an initial consultation.
