Penalties for Felony Drug
Crimes
How long is the
prison sentence for a felony drug offense in Davis County?
In 2015, the Utah State Legislature enacted some sweeping criminal
justice reforms that dramatically affected penalties for
drug crime
prosecution. The most significant aspect of the drug crime reforms was
the reduction of most standard
drug possession charges from the
felony
level down to the class A
misdemeanor level. Even with these reforms,
many drug crimes are still punishable at the felony level.
At the third-degree felony level, a drug conviction is punishable by up
to 5 years in prison. A second-degree felony drug charge carries a
possible prison term of up to 15 years. A first-degree felony drug
charge (generally only applicable to distribution charges) can result
in a "life" prison sentence.
Even at the misdemeanor level, the
consequences
of a criminal drug conviction are serious. But at the felony level, the
penalties for a drug conviction rise dramatically. If you are
facing prosecution for drug crimes in Davis County or anywhere in Utah,
contact us today to see how an
experienced criminal
defense attorney
can help you.
Does a judge have to impose prison time in a felony drug case?
Relatively few crimes in Utah carry mandatory
jail or prison sentences.
In most Davis County drug cases, the actual sentence imposed by a judge
will depend on a number of factors that may be considered by the court.
Even in a felony drug case, the court has discretion to impose a
variety of penalties, which can include
probation and drug treatment,
jail time as a condition of probation, or the full prison term.
What can I do to improve my chance of avoiding prison?
The criminal justice system has a number of goals that it has been
designed to accomplish. These goals include protecting society from
criminal conduct, punishing offenders, and helping offenders through
the rehabilitation process. These sometimes-competing goals
require that a judge and a prosecutor consider a variety of issues and
interests as they approach the sentencing process.
When approaching a sentencing hearing from the defense perspective, we
want to be able to keep the judge (and prosecutor when possible)
focused on the rehabilitation goal of the criminal justice system. If a
judge is convinced that substance abuse or addiction is the underlying
issue leading to criminal activity, and if the defense can convince the
judge that appropriate drug treatment can adequately address that
issue, a person's chances of avoiding jail or prison increase
substantially. Becoming involved with a treatment program or counselor
immediately is one of the most important things you can do to help
persuade a judge or prosecutor that treatment, not jail, is the best
answer.
Treatment is often just one piece of the puzzle. Getting into a
treatment program is not an automatic get-out-of-jail-free card. But by
consulting with your criminal defense attorney, you can work together
to develop defense strategy designed to give you the best chance of
staying out of jail.
If I do go to prison, how long will I spend there?
Utah criminal law provides for "indeterminate" prison sentences. This
means that the judge does not determine the ultimate length of a prison
sentence. Instead the judge imposes a range of time that is set by
statute. The Board of Pardons and Parole then decides how much of that
time will actually be served in prison.
The Board of Pardons and Parole can consider a number of factors in
making its decision, including a person's prior criminal record, prior
prison or jail terms served, and prior probation or parole history. In
addition to the person's prior history, the Board can also consider the
person's conduct while in prison, including any classes or treatment
that the person completes while in prison, or any rule violations
committed by the person while in prison. The Board can also consider
family support, treatment options, job opportunities, or other factors
that may contribute to the person's likelihood of success once released
on parole.
For misdemeanor drug offenses, Utah criminal law provides for
"determinate" sentences. This means that if the judge imposes
jail, it will be for a specified number of days. County jails have
statutory authority to reduce this amount of time based on an inmates
good behavior. But a jail does not have the same broad discretion that
is had by the Board of Pardons and Parole to determine the length of
incarceration.
What drug crimes in Utah are charged as felonies?
Since the 2015 legislative amendments to the Utah criminal code, the
number of felony drug prosecutions has dramatically dropped. Except in
cases where an enhancement applies, so-called "simple" possession is
now normally filed as a misdemeanor regardless of what drug is involved.
(Previously, most of the "harder" drugs, including
methamphetamine,
cocaine,
heroin, and many
prescription drugs would result in a felony
charge even without any element of distribution.) Simple possession of
marijuana was not affected by these amendments, and without
enhancements continues to be filed as a class B misdemeanor. Possession
of drug paraphernalia is also typically charged as a class B
misdemeanor.
Felony drug charges now most often involve
distribution of or the
intent to distribute a controlled substance. Simple possession charges
can still be enhanced to the felony level based on prior convictions or
proximity to a
"drug-free" zone (as defined in statute by the
legislature). Because most of these felony drug charges involve
allegations of distribution,
prosecutors and judges tend to take them
much more seriously.
Finding a Criminal Defense Lawyer in Davis County
Facing prosecution for drug crimes in Davis County can carry serious
consequences.
Choosing the right defense attorney to handle your case
is one of the most important decisions you will make.With offices in
Davis County and in Salt Lake City,
criminal
lawyer Stephen Howard has successfully protected his clients'
rights in drug cases ranging from first degree felony distribution to
misdemeanor marijuana possession. He is also one of only a few criminal
defense attorneys now in private practice who has previously worked as
defense counsel in one of Utah's felony
drug court
programs.
Contact us today to
see how we can help you.