Utah Criminal Defense
Attorney -
Aggravated Felonies
If
you are facing an "aggravated" Utah criminal charge, the stakes are
high. Aggravated felony charges carry the potential for
harsher
sentencing,
including extended prison terms, thousands of dollars in fines, and the
prospect of being labeled a "convicted felon." Stephen Howard is an
experienced
and effective
Utah criminal
defense attorney, with a record of achieving real
results for his clients.
Contact us today to
schedule an initial consultation.
What makes a Utah felony an "aggravated" charge?
In
Utah, an "aggravated" felony charge typically involves the use of a
dangerous weapon
or
the infliction of a "serious" or "substantial" physical injury.
In some cases, the prosecutor may not have to prove that the defendant
had a real weapon. For certain enhancement purposes, a fake weapon or
even just a false claim of possessing a weapon may be sufficient to
support an aggravated charge.
For
example, a simple
robbery
charge can be enhanced to an
aggravated
robbery if the defendant is alleged to have used
or threatened
to use a dangerous weapon. For purposes of this statute, a "dangerous
weapon" includes "any item capable of causing death or serious bodily
injury" or any facsimile or "representation" of such an item. Thus, a
person who puts his finger in his pocket and claims to have a gun
during the course of a robbery could be convicted of aggravated robbery
under Utah law.
While a weapon need not be real, an aggravated felony based on a
"serious" or "substantial" injury must involve a real injury. A
"serious" bodily injury is one that "creates or causes serious
permanent disfigurement, protracted loss or impairment of the function
of any bodily member or organ, or creates a substantial risk of death."
A "substantial" bodily injury is less serious than a "serious" injury,
and "creates or causes protracted physical pain, temporary
disfigurement, or temporary loss or impairment of the function of any
bodily member or organ."
What is the penalty for an "aggravated" felony in Utah?
Aggravated felony charges in Utah range from a third degree felony
(punishable by up to five years in prison) to the capital crime of
aggravated murder (potentially punishable by the death penalty or life
in prison without the possibility of parole). Charges that can
be
raised to an aggravated level include murder, kidnapping,
robbery,
burglary, assault, sexual assault, arson, escape, and more.
Each of these enhanced "aggravated" felony charges carry a substantial
increase in the potential punishment. For example, a simple assault
charge is a
misdemeanor
punishable by up to six months in jail. But an
aggravated
assault can be charged as a second degree
felony
punishable by up to a 15 year prison term. Other crimes that
begin at the felony level (such as
burglary
or robbery) can be enhanced
to first degree level charges punishable by up to life in prison.
Aggravated
kidnapping
is potentially punishable by life in prison
without the possibility of parole. Some aggravated felony charges carry
mandatory minimum prison sentences that must be imposed by the court if
a defendant is convicted.
Finding an Experienced Utah Criminal Lawyer

If you have been
charged with an aggravated felony offense, having a qualified
criminal defense on your side can be critical to achieving the
best
possible results. Based in
Salt
Lake City, criminal defense lawyer Stephen Howard offers
legal services to clients throughout Utah. He has successfully defended
his clients' rights in aggravated felony cases including aggravated
murder, aggravated robbery, aggravated kidnapping, aggravated assault,
and more.
Contact
us now for an initial consultation and case analysis.