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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, 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.

As criminal defense attorneys in Salt Lake City, we have a successful record of achieving one-step and two-step 402 reductions for our clients.  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.

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.


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  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Utah Burglary Attorney Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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