Ogden Felony Defense Attorney
Prosecution for a
felony charge in Ogden can result in serious
consequences
including prison time, thousands of dollars in fines, and many other
collateral consequences that can follow you long after the formal court
case has been closed. If you are facing felony or
misdemeanor prosecution in Ogden or elsewhere in Utah, having an experienced
criminal defense attorney on your side can make all the difference.
Utah
criminal defense attorney
Stephen Howard has extensive
experience
defending serious felony
cases. Mr. Howard's
record
of results for clients includes not guilty verdicts or dismissals in
some of the most serious charges on the books in Utah. He has the
knowledge, skill, and determination to ensure that
his clients' rights are protected. He works personally with clients to
develop a defense strategy tailored to their individual circumstances
and designed to achieve the best results
possible.
Contact
us today
to see how we can help you.
Strategy in Defending Felony Charges in Ogden
Developing the best
strategy
for defending against an Ogden felony prosecution requires a careful
analysis of the facts and evidence specific to each client's case, a
thorough understanding of the applicable statutes and case law as well
as evidentiary and procedural rules. Most importantly, the best
strategy must take into consideration the individual client's goals and
needs.
In some cases, an
aggressive
defense
involving motions to suppress evidence, evidentiary hearings, a
motion to quash a bindover, or jury trial may be appropriate. In other
cases, a mitigation defense and negotiated resolution may better serve
the client by giving the prosecutor and judge reasons to be lenient in
negotiations or sentencing.
In
order to determine what strategy will be best for any given case,
discovery and police reports must be reviewed and analyzed, independent
investigations may be conducted, expert witnesses may be employed, or
novel legal arguments explored and researched. Felony defense can be
complex, and there is not always a quick resolution to the case. Having
an attorney who understands how to mount a complicated felony defense
can be critical to achieving a successful outcome.
Consequences of a Felony Conviction in Ogden
An Ogden felony conviction can
have devastating consequences. Following is a brief summary of some of the direct penalties that can be imposed by the courts.
Potential
Prison Sentences for Felony Convictions: Utah law provides that any criminal offense hat is punishable by more
than a year of incarceration is considered a felony. A third degree felony
in Ogden 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.
In most felony cases filed in the
Ogden District Court,
the judge has discretion to immediately impose a prison term or to
suspend the prison term and instead place a defendant on probation. For
certain extremely serious felony convictions, the legislature has made
prison time mandatory. Having an experienced criminal lawyer in these
cases is especially important.
Fines in Felony Cases:
The maximum potential fines in Utah felony cases can be in the
thousands of dollars. But the actual amount of a fine is determined by
the judge, after considering a variety of factors including the
seriousness of the defendant's conduct, the defendant's financial
circumstances, whether the defendant will be incarcerated for an
extended period of time, and other relevant factors. The maximum
potential fine for a third degree felony conviction is $5,000. Both
second and first-degree felony
convictions carry a possible $10,000 fine. All felony criminal fines
are also subject to 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 Felony Cases:
In a felony case, Ogden judges to not determine the actual amount of
time you
will serve in prison. Instead, Utah uses what an "indeterminate"
sentencing system, where the judge has
discretion (in most cases) to determine whether the prison term will be
suspended with conditions of probation, or instead to immediately
impose the prison sentence. When a prison term is imposed, the judge
orders a range of time determined by statute
(e.g. 1-15 years). The ultimate decision of how much prison time will
actually be served in prison is
then left to the
Utah Board of Pardons and Parole.
Felony Consequences Beyond the Courtroom
In addition to prison
or jail time, an Ogden felony conviction carries other serious
consequences. A felony conviction can affect gun rights, the ability to
get hired for a job, the ability to rent an apartment or get a loan to
buy a house, professional licensing, and much more. A felony
drug
conviction can result in a driver license suspension.
Utah law provides for no "expiration date" on a felony conviction. The felony conviction will not automatically disappear
from a person's record, even decades after the case has been closed. But the
consequences of a felony conviction can often be mitigated or even totally eliminated by having
your record
expunged, being granted a pardon,
or by obtaining a "
402 reduction" (an order from the court reducing the offense to the
misdemeanor
level). A 402 reduction can also be useful in restoring a
person's eligibility for expungement. If your felony or misdemeanor criminal record is holding you back,
contact
us to see how we can help you.
Finding a Felony Defense Attorney in Salt Lake City, Utah
Ogden criminal defense attorney Stephen Howard offers trial and
appellate defense services to people who are criminally prosecuted in Ogden and throughout Utah. His record of successful
results for clients includes not guilty
verdicts, outright dismissals, and successful appeal reversals in
cases involving some of the most serious felony charges on
the books in Utah. If you are facing a
felony
or misdemeanor charge in Ogden, you need an experienced Utah criminal
defense attorney on your
side.
Contact us
now to see what we can do for you.