Salt Lake Criminal Defense Attorney Utah
Criminal Defense Attorney Stephen Howard
Call Criminal Defense Attorney in Utah
Call Utah Criminal Lawyer
Take the first step in securing a successful defense.
Call 801-449-1409 now to see what our team can do for you.
Utah Criminal Defense Lawyer Salt Lake City

Criminal Defense Solutions Start HereSM

Finding a Felony Defense LawyerChoosing a Misdemeanor Defense LawyerDrug and Alcohol Crimes Defense LawyerWhite Collar Defense Attorney for Utah ChargesAttorney for Expungements Reductions and PardonsDefendant Constitutional Rights Criminal LawyerBail and Bond Alternatives in UtahReasons for Hope Facing Criminal Charges

Utah Residential Burglary - Salt Lake Criminal Attorney

A criminal charge of residential burglary in Utah begins as a second degree felony. With enhancements, residential burglary can become a first degree felony. Based in Salt Lake City, Stephen Howard is a Utah criminal defense lawyer with extensive experience defending serious felony charges, including burglary, robbery, theft, assault, and more. Mr. Howard works closely with clients to develop a defense strategy tailored to meet their needs and circumstances. Contact us today to arrange for an initial consultation.

Utah Residential Burglary - Elements

The stereotypical burglary charge involves a person breaking into a home in order to commit a theft. But under Utah law, a charge of residential burglary can be involve not just theft, but also assaults or other felony charges.

Utah Code 76-6-202 establishes the elements of burglary under Utah law, and requires proof that a person entered or remained unlawfully in any building with the intent to commit a theft, assault on any person, any felony charge, or various misdemeanor sex offenses. Burglary of a "dwelling" is a second degree felony. Burglary of any other building is a third degree felony. (Certain enhancements can increase the offense level of either type of burglary charge.)

The question of whether the building involved qualifies as a "dwelling" is not always as straight forward as it might seem. For example, a garage that is attached to a house is considered to be a part of the "dwelling" whereas a detached garage is only considered to be a "building." An unoccupied home is generally considered to be a "dwelling." But a home under construction may not be considered to be either a "building" or a "dwelling," depending on the state of the structure.

The concept of entering or remaining "unlawfully" can also become complicated. What about a situation where the person is initially invited in, but is then asked to leave? What about a person who is in their own home, but there is currently under a no contact or protective order that prohibits him/her from being in the home? The analysis of these situations can be very fact-specific. If you are facing burglary charges in Utah, it is vital to have the advice of an experienced attorney.

Contact us today for a confidential initial consultation.

Utah Burglary Enchancements

A charge of residential burglary in Utah begins as a second degree felony. But enhancements can increase the level of the offense

Possible burglary enhancements for a Utah burlgary charge include an "aggravated: burglary and what is sometimes referred to as a "gang" enhancement or "group criminal activity" enhancement. Either of these enhancements can increase the level of the offnese to a first degree felony, punishable by up to life in prison.

An aggravated burglary is committed if, during the course of attempting, committing, or fleeing from a burglary, a person possesses, uses, or threatens the use of a dangerous weapon. Burglary can also be enhanced to an aggravated burglary charge if a person causes any bodily injury to any person who is not a participant in the crime.

A "gang" enhancement or "group criminal activity" enhancement can apply to any of the various charges specified under Utah Code 73-3-203.1, including burglary. This enhancent can apply if a person commits one of these crimes either "in concert with" two or more persons, or in connection with a "criminal street gang" (as defined under Utah Code 76-9-802).

Finding a Utah Criminal Lawyer in Salt Lake City

If you are facing criminal charges for residential burglary, you need an attorney on your side who has experience dealing with what can be complicated issues.

Don't settle for a sales pitch.  You deserve an attorney with a record of achieving real results for his clients. Based in Salt Lake City, Utah criminal defense lawyer Stephen Howard offers legal services to clients in all of Utah. Contact us today to schedule an initial consultation.


Best Rating
Make a Payment to Your Account
Get Help Now
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.

  • Selected Victories
  • Criminal Defense AttorneyDismissed - Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges.
  • Drug Crimes Defense Attorney Utah Dismissed - Client facing first-degree felony drug distribution charge and potential life in prison. Charges were based on allegations that client had sold drugs to an undercover police officer, then made a full confession. Successful mitigation work resulted in negotiated offer of misdemeanor plea-in-abeyance and ultimate dismissal of case.
  • Utah Expungement Lawyer 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 Dismissal - Client was charged with first-degree felony home burglary and facing potential life in prison. Defense analysis revealed flaws in prosecutor's case which led to abeyance agreement intended to lead to a full dismissal of the case.
  • Recent Posts
  • What to Do When Arrested for DUI What should I do if I am arrested for DUI? - Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your. . . .
  • Utah Misdemeanor Attorney Salt Lake Can I handle a Utah misdemeanor from out-of-state? - Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state. . . .
Best Criminal Defense Strategy

The best outcome is more likely when the right strategy is employed. Developing the best strategy can require real courtroom experience, a thorough understanding of procedural and substantive legal issues, and a determination to ensure that important constitutional and other legal rights are protected. Choosing the right attorney....

Strategy »
Salt Lake Criminal Defense Attorney Profile Utah

Choosing the best criminal defense attorney for your Utah criminal case may be the single most important decision you make. The courtroom can be a hostile place. Prosecutors receive extensive training on legal and tactical issues. Having an experienced criminal defense lawyer on your side is critical to defending your case and protecting your rights....

Experience »
Conviction Consequences in Utah Criminal Prosecutions

Jail time, prison time, thousands of dollars in fines, and the lifetime collateral consequences of having a criminal conviction on your record - all of these and more are at stake when you are facing criminal prosecution in Utah. Understanding what is at risk is critical. Even so-called "minor" misdemeanor cases can have serious consequences....

Consequences »
Utah Criminal Attorney - Reasons to Hope

An arrest is not a conviction. If you are facing criminal prosecution in Utah, it can feel like your world is collapsing. But there are things you can do right now that can increase your chances of a good outcome. An experienced criminal defense lawyer can help you evaluate the various options available to you and help develop a strategy for success....

Reasons to Hope »
Home | Attorney Profile | Case Results | Criminal Code | FAQ | Legal Resources | Defense Strategy | Contact Us

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

The materials in this website are intended for informational purposes only, and are not legal advice. Viewing or responding to materials in this site does not create an attorney-client relationship. Read Full Disclaimer.