Utah Criminal Defense Lawyer - Repeat Offenders
If you are facing criminal charges in Utah as a repeat offender, a
prosecuting attorney may pursue your case more aggressively and a judge
may impose a harsher sentence if you are convicted. In addition to
having an attorney who can aggressively assert the legal or factual
defenses in your case, your attorney should also be able to help guide
you through certain steps you can take that may help
convince a prosecuting attorney that you deserve a break or convince a
judge to be lenient. As an
experienced Utah
criminal defense attorney
based in Salt Lake City, Stephen Howard has repeatedly defended clients with
lengthy criminal histories and achieved positive outcomes.
Contact us
today to arrange an initial consultation.
Enhancements for Repeat Offenders in Utah
Some criminal
charges in Utah contain enhancements for repeat offenders. These
enhancements can include increased mandatory sentencing provisions, or
may increase the actual level of the offense.
Even where there is no
formal statutory enhancement to the level of a crime or the minimum
sentence for a conviction, Utah prosecutors and judges will consider a
person's prior criminal criminal record in determining how aggressively
to prosecute the case or in making a sentencing order. Pre-sentence
reports prepared by Adult Probation and Parole (AP&P) will
normally contain information for the judge and prosecutor regarding a
defendant's prior criminal record - both adult records and juvenile
records. The Utah sentencing guideline matrix system also takes into
consideration a defendant's prior criminal history in classifying the
defendant for sentencing recommendations.
Three Strikes Laws in Utah?
Utah does not have a formal "three strikes" law such as what was
enacted in California in the 1990's. But there are various crimes under
the Utah Code that provide for enhanced penalties for repeat offenders.
Here are some examples:
DUI - A
first
DUI offense in Utah is normally charged as a class B
misdemeanor. But a third DUI charge within a 10-year period can be
filed as a felony with potential prison.
Theft / Retail Theft
- The severity of most Utah theft charges is based on the value of the
item(s) taken. A theft of property valued at less than $500 is normally
a class B misdemeanor. But for a person with two prior convictions for
theft,
robbery,
burglary with the intent to commit a theft, or certain
other related charges becomes an automatic felony charge regardless of
value.
Domestic Violence
- Criminal charges for
domestic violence can be enhanced based on prior
convictions. Under Utah law, a prior "conviction" for DV enhancement
purposes can even include a dismissed
plea in abeyance (PIA) case. Utah
domestic violence charges that can be enhanced or used as a basis for
enhancement can include
assault,
violation of a protective order,
criminal mischief,
stalking, harassment, and a variety of other
criminal offenses classified as "domestic violence" under Utah law.
Choosing the Right Utah Criminal Defense Attorney in Salt Lake
Facing criminal charges is always a serious matter. If you have a prior
criminal record, it is even more important to have an experienced
advocate on your side. Stephen Howard has defended clients in thousands
of serious
felony and
misdemeanor cases, and has repeatedly and
successfully defended clients with extensive criminal histories. No
attorney can guarantee the outcome for your case. But having an
experienced
criminal lawyer on your side can substantially improve your
chances of success.
Contact us today to schedule an initial consultation.

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
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