Utah Criminal Defense -
Salt Lake Attorney
Does Utah Criminal Law Have a Three-Strikes Rule?
Some
states have notoriously harsh three-strikes laws. While not
formally referred to as "three-strikes" law, the Utah criminal code
does have provisions that can substantially increase the penalties for
a third offense in certain
felony and
misdemeanor cases.
Even a first
offense can have serious consequences in Utah. Whether you are facing
criminal prosecution for the first time or you have been through the
system before, having an experienced
criminal defense attorney on your
side can help give you the best chance at successfully defending your
case.
Contact us today to arrange for a confidential consultation with Utah criminal lawyer Stephen Howard.
Three-Strikes DUI Laws in Utah
Even first-time
DUI convictions in Utah can carry serious consequences, including jail
time, substantial fines, driver license suspension, and more. But with
repeat offenses, the penalties become more severe.
A third
DUI conviction within a 10-year period can be charged as a third-degree
felony. The maximum punishment for a third-degree felony DUI in Utah is
up to five years in prison and a fine of $9,500 in fine (including
surcharge).
While probation is possible on a felony DUI
case, judges often impose prison sentences for third-strike DUI
convictions. If a sentencing judge suspends the prison term and instead
grants probation on a felony DUI conviction based on enhancements for
prior convictions, the judge is required to impose certain mandatory
sentencing provisions. These include 62.5 days (1500 hours) of jail
time (or electronically monitored home confinement) and a minimum fine
of $2,850 (including surcharge). Probation must also include certain
conditions including formal supervision, substance abuse screening and
assessment, and a minimum of 240 hours of intensive
outpatient or
inpatient substance abuse treatment.
Three Strikes Theft Laws in Utah
The
level of offense for most
theft charges in Utah is based on the value
of the property stolen. But in cases where the defendant has been twice
before convicted of a theft-related offense within a 10-year period, a
prosecutor can enhance even a petty theft offense to the third-degree
felony level. To have this enhancement apply, at least one of the prior
convictions must have been for a class A misdemeanor or higher level
conviction. This three-strike rule means that even a petty theft charge
can be filed as a third-degree felony if the defendant's criminal
record contains at least two relevant convictions within the 10-year
period.
The
offenses that count as "strikes" in the context of a theft case include
any theft, any robbery, burglary with the intent to commit theft,
fraud, or an attempt to commit any of those offenses. By
using
the term "any" in relation to theft and robbery, the legislature has
included all of the theft varieties (theft of services, theft by
deception, theft from a person, theft of a motor vehicle, theft by
receiving stolen property, etc.) as well as both ordinary and
aggravated
robbery.
Enhanced Penalties for Domestic Violence Convictions
Domestic violence laws do not follow a "three-strikes" pattern.
Instead, a
domestic violence offense can be enhanced by one level based
on even a single prior domestic violence conviction within a five-year
period of time. For example, an offense that would normally be a class
A misdemeanor can be enhanced to a third-degree felony if the defendant
has been convicted of a qualifying domestic violence offense within a
five-year period.
The list of domestic violence laws in Utah is extensive, and generally
includes any offense that involves violence, physical harm, or threats
of harm or violence against any cohabitant. Utah Code 77-36-1 also
provides a list of specific offenses that are classified as domestic
violence offenses when committed against a cohabitant. . If a listed
offense is committed against a cohabitant, the charge can be classified
as a domestic violence offense.
Habitual Violent Offender Enhancements
Utah Code 76-3-203.5 provides one of the most severe enhancements for
prior offenses. In order to be subject to the habitual violent offender
enhancement, a defendant facing prosecution for a
violent felony must
be proven to have been twice before convicted of a violent felony and
previously committed to prison for the offense.
If a person
is found to be a habitual violent offender, the penalty for either a
third- or second-degree felony is increased to the first-degree level.
If the original offense is a first-degree felony, then defendant cannot
be placed on probation, and the Board of Pardons and Parole is required
to consider the defendant's status as a habitual violent offender as an
aggravating factor in determining a release date from prison.
Unlike
some three-strikes laws, Utah's habitual violent offender does not
require mandatory life prison sentences. And in cases involving what
would have otherwise been a second- or third-degree felony, probation
may still be a sentencing option.
Finding a Utah Criminal Defense Attorney in Salt Lake

If
you are facing the possibility of an enhanced criminal charge in Utah,
having an experienced criminal defense attorney on your side can be
vital to presenting a successful defense. Based in Salt Lake city,
criminal lawyer Stephen Howard offers legal services to clients
throughout Utah. He has successfully protected his clients rights in
cases ranging from
homicide to DUI, and virtually everything in between.
Contact
us today to arrange for an initial confidential consultation with Stephen Howard.
RELATED QUESTIONS:
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