Criminal Law2018-07-03T21:54:26+00:00

Family Law

Our Utah criminal defense attorneys are experienced with Utah criminal law and ready to defend you and your family. Our legal defense team has the knowledge and criminal trial experience needed to advise and defend individuals in Utah accused of violating a crime.

REQUEST CONSULTATION
Utah criminal defense lawyers

Specializing Attorneys

Ogden Attorney Michael Houtz

MICHAEL V. HOUTZ

Criminal Defense Attorney
Ogden Office

Contact
Ogden Attorney Scott Nickle

SCOTT P. NICKLE

Criminal Defense Attorney
Ogden Office

Contact
Layton Attorney Craig Helgesen

CRAIG P. HELGESEN

Criminal Defense Attorney
Layton Office

Contact
Layton Attorney Kurt Helgesen

KURT M. HELGESEN

Criminal Defense Attorney
Layton Office

Contact

Why choose us to represent your criminal case?

When you are being accused of violating a crime, you want an experienced trial lawyer on your side. Our firm has been successful in defending clients facing criminal charges for more than 25 years, including winning acquittals in murder, rape and kidnapping criminal cases in Utah.

Our Utah criminal defense team of lawyers are considered some of the top trial lawyers in America. We have a Superb rating on AVVO and have been awarded among the 10 best in client satisfaction in criminal defense law.

We represent the following types of criminal cases:

  • Felonies
  • Misedemeandors
  • Infractions

Learn more about criminal defense in Utah by visiting our website http://laytoncriminaldefense.com

Aggravating and Mitigating Factors

Aggravating and mitigating factors in a crime can be considered in sentencing

According to the Utah Sentencing Commission’s guidelines, aggravating and mitigating factors in a crime can be considered in sentencing.

Aggravating factors

Things that can make the punishment more severe, including:

  • whether the victim suffered substantial bodily injury;
  • whether the offense was extremely cruel or depraved;
  • whether the offender was in a position of authority over the victim;
  • whether the victim was unusually vulnerable.

A penalty can also be enhanced if:

  • the person committed the crime with two or more other people;
  • the person used a dangerous weapon on or near a school;
  • the person committed the crime in the presence of a child;
  • the person is determined to have committed a hate crime;
  • the person is determined to be a habitual offender;
  • the offense was committed while in prison.

Mitigating factors

Things that can make the punishment less severe, including:

  • whether the offender was exceptionally cooperative with law enforcement;
  • is a good candidate for treatment;
  • has developmental disabilities.

You can learn more about aggravating and mitigating factors by visiting utcourts.gov

© www.utcourts.gov

Domestic Violence

Defending Your Innocence in a Domestic Violence Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a violent crime in Utah, or you are currently under investigation for a violent crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence. Our law firm has been successful in defending clients facing criminal charges for more than 25 years, including winning acquittals in murder, rape and kidnapping criminal cases in Utah.

Defending Domestic Violence Cases in Utah

Domestic violence is a serious issue. As tragic as domestic violence is, false allegations of domestic violence do occur for a many reasons, such as to gain advantages in divorce suits or child custody battles.

In many domestic violence cases there can be misleading information and even unsubstantiated reports or false claims made against another individual. This can be due to failed relationships, ongoing divorce and child custody disputes,  revenge against a cheating spouse or lover, or the result of an ongoing abusive relationship.

Unfortunately, false accusations of abuse or domestic violence can lead to an arrest or criminal charge. If you have been accused of committing a domestic violence crime, it is imperative that you speak with an experience domestic violence attorney. Everyone involved in a domestic disputes deserves the right to legal counsel and representation, whether you are the victim, an accused offender, or a convicted offender.

Utah has strict domestic violence laws. Because of the strictness of the laws there are severe penalties associated with domestic violence. We take domestic violence very seriously and want to make sure you are not charged with a serious crime you did not commit.

Domestic Violence- Understanding the Utah Laws

Utah Criminal Code §77-36-1

Utah has very strict domestic violence laws. The state of Utah defines domestic violence as a criminal offense that involves two people who are “cohabitants.” This includes physical harm or threat of violence or physical harm.

What is a cohabitant?

Utah state law defines a “cohabitant” as an emancipated person or a person who is 16 years of age or older who meets the following criteria:

  • Is or was a spouse of the other party
  • Is or was living as if a spouse of the other party
  • Is related by blood or marriage to the other party
  • Has or had one or more children in common with the other party
  • Is the biological parent of the other party’s unborn child
  • Resides or has resided in the same residence as the other party

Domestic violence can arise as a result of a failed relationship, ongoing divorce, child custody disputes, a disagreement between siblings or a fight among roommates; and in many cases it is a pattern of behavior of ongoing abuse in a relationship. Many people, both men and women, are victims of abuse because of domestic violence. There are many different crimes, both violent and non-violent, that are associated with domestic violence, such as:

  • Aggravated Assault
  • Assault
  • Burglary
  • Criminal Homicide
  • Criminal Mischief
  • Criminal Trespass
  • Electronic communication harassment
  • Harassment
  • Kidnapping, Child Kidnapping and Aggravated Kidnapping
  • Possession of a deadly weapon with intent to assault
  • Property Offenses
  • Robbery
  • Sexual Offenses, Sexual exploitation of a minor
  • Stalking
  • Unlawful Detention, Unlawful Detention of a Minor
  • Violation of a Protective Order, Ex Parte Protective Order, or Restraining Order

You can learn more about Utah domestic violence laws by visiting the Utah.gov website.

Domestic Violence- Consequences of a Guilty Verdict

You can learn more about Utah domestic violence laws by visiting the Utah.gov website.

Because domestic violence laws in Utah are very strict, there are severe penalties for offenders. Depending on the severity of the crime and the criminal history of the accused offender, the penalties can vary from fines, to probation, to significant jail time and even a prison sentence.

Domestic violence evaluation

By law, in the state of Utah, if you receive a domestic violence conviction, you will be ordered by the court to undergo an assessment or evaluation. Based on the results of the evaluation, the evaluator will recommend specific treatments or classes you must complete which will ultimately be enforced by the court.

You could lose your Second Amendment rights

There are also consequences of a conviction outside of jail time and court imposed fines. Often times these consequences can be more severe. A domestic violence conviction will appear on any background checks for new employment, renting a place to live, and other situations which require background checks. Also, a conviction can make travelling outside of the country challenging, many countries will not allow anyone with a domestic violence charge to enter their country. If you receive a domestic violence conviction, you also lose your Second Amendment Rights, meaning for the rest of your life you cannot legally posses a weapon.

The penalties and charges associated with domestic violence are too severe and too strict. If you have been accused of a domestic violence crime, you need to meet with a domestic violence lawyer. The criminal defense lawyers at Helgesen, Houtz & Jones will fight to secure your rights and keep you free from the consequences of a domestic violence charge. We want to help you.

Domestic Violence – Protective Orders

A protective order is an action which is initiated with a request or a petition and is filed with the local court. The purpose of a protective order is to protect the petitioner from a violent or potentially violent cohabitant. In order to obtain a protective order from the court, the petitioner must present to the court past instances of violence or abuse and demonstrate fear that a threat of violence or abuse exists from the respondent. The respondent must be the petitioners current or former cohabitant.

If you are in need of filing a protective order or you need legal help defending yourself against an order that has been filed against you, contact our experienced criminal defense lawyers.

Domestic Violence – Restraining Orders

A restraining order does essentially what is says, it restrains or stops any type of behavior or action by another, such as contacting the other party, committing a violent act, protecting property, or using drugs or alcohol. Generally a restraining order is obtained by filing a motion in an on going court case, such as a divorce, child custody case, paternity action, or other civil lawsuit.

Domestic Violence- Civil Stalking Injunctions

If you feel someone is stalking you, you can request from the court a Civil Stalking Injunction. This is an order from he court for the stalker to stop stalking you.

According to the Utah state law, “stalked” means that a person stayed physically or visually close to you, or made threats directed at you.

If you need help filing a civil stalking injunction to stop someone from stalking you, or you have had a civil stalking injunction filed against you and you need help defending yourself, contact one of our experienced civil stalking injunction lawyers.

Drug Crimes

Defending Your Innocence Against a Drug Crime Charge

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a drug crime, or you are currently under investigation for a drug crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait.  You are innocent until proven guilty.We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence.

Defending Drug Crimes in Utah

Drug crimes in Utah vary and include many different offenses. The charges can range from misdemeanors to felonies. The punishments can range from minimal sentences or fines to harsh punishments, including prison time. Some drug crimes can include state and federal drug charges. Federal charges typically come with more severe penalties and consequences than state drug charges.

As criminal defense attorneys, we will find the best defenses we can to give you the best outcome possible. There are a lot of circumstances that go into a drug crime investigation and an arrest. In some instances we can find holes in the investigation that may lead to having your charges reduced or even possibly dismissed.

As soon as you are arrested and charged with a drug crime, the prosecution will begin an extensive investigation against you. They will come at you aggressively in the courtroom, hoping to put you behind bars. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail.

Drug Crimes- Understand the Utah Law

You can learn more about Utah’s drug laws by visiting utah.gov.

Drug crimes involve a variety of charges, from simple misdemeanors to serious federal drug charges, for drugs considered “controlled substances.”. Penalties for drug crimes also vary depending on the seriousness of the crime, type of drug involved, and amount of the drug. These drugs are considered “controlled substances.” Federal drug charges are enforced under the Federal Controlled Substances Act.

Types of Drug Crimes:

  • Drug Possession
  • Marijuana Drug Charges; Possession, Cultivation, Intent to Distribute
  • Possession with intent to sell, manufacture, or distribute a controlled substance
  • Possession of Drug Paraphernalia
  • Drug Trafficking and distribution
  • Cultivation
  • Manufacturing
  • Transportation
  • Driving under the influence of drugs
  • Illegal use of prescription or over-the-counter drugs

According to Utah drug laws, it is unlawful for any person to knowingly and intentionally:

  • produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, a controlled or counterfeit substance
  • distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute a controlled or counterfeit substance
  • possess a controlled or counterfeit substance with intent to distribute
  • engage in a continuing criminal enterprise

Possession of a Controlled Substance

Possession of a controlled substance is one of the most common drug offenses in the state of Utah. As mentioned above, it is illegal in the state of Utah for a person to knowingly and intentionally possess or use a controlled substance without a lawful prescription.

Possession of a controlled substance in Utah can result in very serious consequences and penalties, which can include a prison sentence, fines, jail time, limitations of where an individual can work, a potentially permanent criminal record, and more.

In Utah there are two definitions of possession:

  1. Actual Possession involves having actual, physical possession of the drug, or controlled substance, on your person, such a is in your clothing, or in a wallet or purse on your body.
  2. Constructive Possession is more complex,– and difficult to prove– it involves knowledge that the illegal substances was in their vicinity, and was an illegal substance, and that the individual had the ability and intent to possess.

If you have been charged with possession of a controlled substance in the state of Utah, contact one of our Layton criminal defense attorneys. Our criminal defense lawyers are knowledgeable about the Utah drug laws and will do everything they can do get you the best outcome possible and help you avoid the most serious of penalties.

Drug Crimes- Consequences of a Guilty Verdict

Drug offenses convictions vary from misdemeanors to felonies to federal charges. The punishments can range from a small fine and probation to a serious prison sentence. Penalties and convictions vary depending on the drug involved in the crime, the amount of the drug, seriousness of the crime; whether it was for personal use, intended to be sold, manufactured or delivered, and if the individual has a prior drug conviction.

Utah’s Controlled Substances Act and Substance Schedule

The Utah Controlled Substances Act classifies all substances– from illegal substances and street drugs to prescription medications and over-the-counter drugs– into schedules, ranging from Schedule I to Schedule V.  Schedule I drugs are considered the most addictive of the substances. Consequences and penalties range depending on which schedule a substance falls into.

For more information about the Utah Controlled Substances Schedule you can download this table from Utah State University.

Schedule I

Type of Drug: Narcotics such as heroin; Hallucinogens such as LSD, mescaline and peyote.

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. The penalties for violating federal drug laws depend on the drug and amount of the drug.

  • 5-40 years to 10 years to life
  • Maximum fine: $2,000,000 to $40,000,000
  • If death or serious injury occurs, 20 years to life

Utah Laws

To possess.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony

To possess with intent to sell.

  • 1-15 years and/or $10,000 fine
  • 2nd Degree Felony
Schedule II

Type of Drug: Narcotics such as opium, morphine, methadone and codeine; Depressants such as methqualone and some barbituates; Stimulants such as cocaine and some amphetamines; and Hallucinogens such as phencyclidine (PCP).

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. The penalties for violating federal drug laws depend on the drug and amount of the drug.

  • 5-40 years to 10 years to life
  • Maximum fine: $2,000,000 to $4,000,000
  • If death or serious injury occurs, 20 years to life

Utah Laws

To possess.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony

To possess with intent to sell.

  • 1-15 years and/or $10,000 fine
  • 2nd Degree Felony
Schedule III

Type of Drug: Stimulants (including some amphetamines); Depressants (including some barbiturates); and some narcotics.

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. Includes all drugs and any amount.

  • Maximum penalty of 5 years/$250,000

Utah Laws

To possess.

  • Up to 6 months and/or up to $1,000 fine
  • Class B misdemeanor

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
Schedule IV

Type of Drug: Depressants including the benzodiazepines (e.g., valium, Librium and diamine), chloralhydrate, some barbiturates, and other (e.g., equanil, miltown, placidyl); some stimulants, and some narcotics.

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. Includes all drugs and any amount.

  • Maximum penalty of 5 years/$250,000

Utah Laws

To possess.

  • Up to 6 months and/or up to $1,000 fine
  • Class B misdemeanor

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
Schedule V

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver. Includes all drugs and any amount.

  • Maximum penalty of 1 year/$1,000,000

Utah Laws

To possess.

  • Up to 6 months and/or up to $1,000 fine
  • Class B misdemeanor

To possess with intent to sell.

  • Up to 1 year and/or up to $2,500 fine
  • Class A misdemeanor

Marijuana

Marijuana, hashish-oil, THC (tetrahydrocannabinol)

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver.

  • Marijuana under 50 kg.- Maximum 5 years/$250,000
  • Marijuana 50-100 kg.- Maximum 20 years/$1,000,000
  • Marijuana 100-1,000 kg.- Maximum 5-40 years/$2,000,000
  • Marijuana over 1,000 kg.- Minimum 10 years to life/$4,000,000
  • Hashish/oil under 100 kg.- Penalties differ from like quantities of marijuana

Utah Laws

To possess.

Marijuana under 1 oz.

  • Up to 6 months and/or up tp $1,000 fine.
  • Class B misdemeanor

Marijuana 1-16 oz.

  • Up to 1 year and/or up to $2,500 fine
  • Class A misdemeanor

Marijuana over 16 oz. but less than 100 lbs.

  • Up to 5 years and/or $5,000 fine
  • 3rd Degree Felony

Marijuana over 100 lbs. determined to be for distribution.

  • 2nd Degree Felony

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
  • 1-15 years and/or up to $10,000 fine

All penalties are enhanced by one degree if the incident occurs within 100 feet of a school, church, stadium, theaters, etc.

For more information about the Utah Controlled Substances Schedule you can download this table from Utah State University.

Criminal Defense Lawyer in Layton, Utah

If you are facing a drug crime conviction, the consequences could include serious jail and/or prison time and thousands of dollars in fines. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

Drunk Driving in Utah | DUI/DWI

Defending Your Innocence in a DUI/DWI Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a DUI/DWI (driving under the influence) in Utah, or you are currently under investigation for a DUI/DWI offense, contact an experienced DUI/DWI defense lawyer today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Utah criminal defense lawyers understand what it takes to defend your innocence.

Defending DUI/DWI Cases in Utah

The state of Utah has strict laws against driving under the influence of alcohol or drugs and they are heavily enforced on Utah highways. On any given weekend, you can come across a DUI checkpoint, screening for Utah drunk drivers. Every DUI charge is different, due to the individual, the circumstances involved in the charge, and offending individuals driving history.

Some of the factors that may impact a DUI charge or conviction include the type of DUI offense; is it the first offense or a repeat offense? What is the reason for impairment– alcohol, drugs, or a controlled substance? Did you fail a breathalyzer test, a field sobriety test, or refuse to take the tests? All of these factors have to go into account in order to create a solid defense against the charges.

Often, field sobriety tests are not administered correctly by arresting officers and they are not 100% accurate. Also, whether you pass the test or not is up to the judgment of the officer. It is not uncommon for a sober person in Utah to fail a field sobriety test. There are many factors other than alcohol that go into failing a field sobriety test. Unfortunately, you could be arrested for a DUI for failing a field sobriety test even if you are under the legal driving limit. You need to speak with one of our Utah DUI lawyers.

Many people make the mistake of thinking they have no options but pleading guilty to a DUI charge. In reality, there are many other options. In many circumstances there are ways to reduce the penalties dramatically. The police reports do not always tell the entire story. Our Utah drunk driving attorneys are experts on DUI/DWI and drunk driving cases in Utah. As DUI lawyers and criminal defense attorneys, they have the knowledge and experience necessary to possibly reduce your sentencing, plead to a lesser offense, or even get the charges dismissed.

The consequences of a DUI conviction can include jail time, expensive fines, loss of a driver’s license, and an interlock device being installed on your vehicle. In addition, a DUI conviction can affect your future employment and other opportunities. Having an experienced criminal defense attorney on your side who understands DUI cases in Utah is vital. Our DUI attorneys will gather the facts and walk you through the process and build a case to give you the best possible result. Contact our Utah criminal defense attorneys today.

Types of Motor Vehicle and Traffic Related Crimes:

You can learn more about Utah motor vehicle and traffic crimes by visiting the utah.gov website.

DUI/DWI- Understanding the Utah Laws

You can learn more about Utah drunk driving and DUI laws by visiting the Utah.gov website.

Utah drunk driving and DUI laws are very strict and heavily enforced. Utah law enforcement officers are dedicated to getting drunk drivers off the streets and highways. It is important that you understand the laws. It is always best to not get behind a vehicle after you have been drinking or if you have taken medications or other substances. However, if you have been charged with violating Utah’s DUI law, contact one of out Utah DUI lawyers in Layton and Ogden, Utah.

When drivers in Utah choose to drive drunk or while intoxicated, they are placing themselves and the others around them at risk. Many laws have been passed in Utah to prevent drunk driving and impaired driving. Before getting behind the wheel after consuming an alcoholic beverage or under the influence of other drugs, understand the law.

The legal age in Utah for purchasing, possessing, or consuming alcoholic beverages is 21 years. Utah has a zero tolerance policy for underage drinking and underage drunk driving. If you are under the age of 21 and you consume alcohol, driving or not, you can be arrested.

Even if you are not driving or operating the vehicle, if you have been drinking and you are over the legal limit and you have actual physical control of a vehicle, you can be arrested for a DUI in the state of Utah– this includes just sitting behind the wheel or sleep in a parked car.

How much do you have to drink for a DUI in Utah?

BAC (Blood Alcohol Contect) Limits:

  • Under 21 = .00% (Zero Tolerance)
  • 21 or older= .08%
  • Commercial= .04%

How many drinks does it take to reach a BAC of .08%?

The amount of alcohol an individual can consume before going over the legal driving limit will vary depending on body size and weight. In general a person who weighs about 200 pounds can consume about 5 beers before reaching a BAC of .08%.

For more information, check out this BAC chart provided by Nolo.com.

Utah’s implied consent law: Refusal to take a breath, blood or urine test

You can learn  more about Utah’s implied consent law by visiting the Utah.gov website.

Do you have to submit to the chemical tests if asked?

Utah has an “implied consent” law. Meaning, in the state of Utah if you are arrested for a DUI, you consent to a blood, breath, urine or saliva test to determine your BAC. This chemical test must be taken as soon as possible from the time an you last operated a vehicle and it is up to the officer to choose which test you will take, which could include more than one test.

If you refuse to take one of the chemical tests you will be subject to a fine and an automatic driver’s license suspension. You do not have the right to speak to an attorney before deciding to take the chemical tests.

Penalties for failing a chemical test in Utah

  • 1st Offense= 18 month license suspension
  • 2nd Offense= 3 year license suspension
  • 3rd Offense= 3 year license suspension

Additional fines may also apply.

Can you refuse a field sobriety test in Utah?

A field sobriety test is different than the chemical tests you are required by law to take in order to determine your BAC. You are not required to take a field sobriety test.There are no legal penalties for politely refusing a field sobriety test in Utah. The different tests arresting officers use in a field sobriety test include:

  • 9 Step Walk and Turn (Walk the line test)
  • One-Leg Stand
  • Horizontal Gaze Nystagmus Test
  • Portable Breath Test

Consequences for refusing a field sobriety test in Utah

These tests are not 100% accurate according to the National Highway Transportation Safety Administration. In addition, whether you pass the tests or not is up to the judgment of the officer. In many cases, arresting officers administer these field sobriety test incorrectly. It isn’t impossible for a sober person to fail these tests. Many factors contribute to individuals failing field sobriety tests, such as the time of day, type of clothing, an individuals skills and balance, different physical or mental impairments.

If an officer asks you to take a field sobriety test and you politely refuse, while there are no legal penalties for doing so, you should understand the police officer might arrest you for a DUI anyway. If a Utah officer asks you to perform a field sobriety test, chances are he has already made up in his mind to arrest you. The officers judgement is a factor in the failure of a field sobriety test. Also, the prosecutor will likely use your refusal to take a field sobriety test against you.

If you have been arrested for refusing a field sobriety test or if you were arrested after failing a field sobriety test, consult with one of our DUI lawyers in Layton, and Ogden, Utah.  We will look into the facts of your case and build a quality defense. In some cases we can get your charges dismissed or reduced to a lesser charge.

DUI/DWI- Consequences of a Guilty Verdict

Utah has very strict DUI laws and they are strongly enforced. The consequences for being arrested for a DUI can range from small fine to a drivers license suspension to jail time or a felony DUI offense.

Penalties for a DUI in the state of Utah

  • 1st Offense
    • Minimum of 48 hours in jail
    • Minimum $700 fine
    • 120 day license suspension
  • 2nd Offense
    • Minimum of 10 days in jail
    • Minimum $800 fine
    • 2 year license suspension
    • Ignition Interlock device on vehicle
  • 3rd Offense Minimum
    • Minimum 1500 hours in jail
    • Minimum $1500 fine
    • 2 year license suspension
    • Ignition Interlock device on vehicle

In addition, the court may require you to attend counseling courses and report to a probation officer.

Offenses are considered a repeat offense if they occur within 10 years of each other.

Felony DUI Offenses

A felony DUI in the state of Utah is likely to be classifies as a third degree felony. The factors that go into consideration of a felony DUI charge include:

  • Aggravated factors
  • Two prior convictions

Penalties for a felony DUI conviction in Utah

  • Third degree felony
  • Up to five years in prison
  • Fines up to $5,000

The court may also require an individual found guilty of a felony DUI to undergo screenings, receive treatment, supervised probation, an ignition interlock device for 3 years, and driver’s license suspension for up to 2 years.

DUI/DWI Defense Lawyers in Utah

If you are facing a DUI or other driving under the influence conviction, the consequences could include serious jail and/or prison time and thousands of dollars in fines. Contact our Utah criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton and Ogden, Utah and represents clients throughout the state of Utah.

Felonies

Types of Felonies in Utah

A felony is the most serious type of crime you can be convicted of in the state of Utah. Felonies are classified sigmaessays into one of the following categories:

  • Capital offense
  • First degree felony
  • Second degree felony
  • Third degree felony

Capital Offense

If you are convicted of a capital crime you can face life in prison or even be sentenced to death. These are very serious crimes and will stay on your criminal record for the rest of your life.

If a notice of intent to seek the death penalty has been filed, aggravated murder is a capital felony

What types are crimes are classified as a capital crime?

  • Aggravated murder*

*If a notice of intent to seek the death penalty has been filed, aggravated murder is a capital felony

*Please visit the Utah State Court website for more information about Capital crime penalties at www.utcourts.gov.

First Degree Felony

If you are convicted of a first degree felony in the state of Utah you can be fined up to $10,000 and be sentenced anywhere from 5 years to the rest of your life in prison.

What types of crimes are classified as a first degree felony?

  • Murder
  • Rape
  • Aggravated sexual assault
  • Child Kidnapping
  • Aggravated burglary, robbery or arson
  • Possession of a controlled substance with the intent to distribute close to a school

*Please visit the Utah State Court website for more information about first degree felony penalties at www.utcourts.gov.

Second Degree Felony

If you are convicted with a second degree felony in Utah you can be faced with a fine of up to $10,000 and a prison sentence of 1-15 years.

What types of crimes are classified as a second degree felony?

  • Manslaughter
  • Automobile theft
  • Perjury
  • Sexual abuse
  • Child abuse
  • Robbery or burglary
  • kidnapping
  • $5,000 or more of forged checks
  • $5,000 or more of theft

*Please visit the Utah State Court website for more information about second degree felony penalties at www.utcourts.gov.

Third Degree Felony

If you are convicted of a third degree felony in Utah you can be sentenced up to 5 years in prison and a fine of up to $5,000.

What types of crimes are classified as a third degree felony?

  • Aggravated assualt
  • Joyriding (24 hours or more)
  • DUI (Third offense within 10 years)
  • Prescriptions that have been forged
  • Possession of any controlled substance
  • Possession of marijuana with the intent to distribute to others
  • Theft ($1,000-$5,000 of value)
  • Forged checks ($1,000-$5,000 of value)

*Please visit the Utah State Court website for more information about third degree felony penalties at www.utcourts.gov.

Infractions

Types of Infractions in Utah

Infractions are minor offenses only punishable by fines up to $750. Examples of infractions in the state of Utah include:

  • City traffic violations
  • Some disorderly conduct offenses

You can learn more about Utah infractions laws by visiting the Utah.gov website.

Insurance Fraud

Insurance Fraud in the State of Utah

Utah Code § 31A-36-112

A person may not, knowingly or with intent to defraud, to deprive another of property or for pecuniary gain, do or permit its employees or agents to engage in any of the following acts:

  • Present, cause to be presented or prepare with knowledge or belief that it will be presented, false information to or by a life settlement provider or life settlement producer, a financing entity, an insurer, a provider of insurance or any other person, or to conceal information, as part of, in support of or concerning a fact material to:
    • an application for the issuance of a policy or life settlement
    • the underwriting of a policy or life settlement
    • a claim for payment or other benefit under a policy or life settlement
    • a premium paid on a policy
    • a payment or change of beneficiary or ownership pursuant to a policy or life settlement
    • the reinstatement or conversion of a policy
    • the solicitation, offer, effectuation, or sale of a policy or life settlement
    • the issuance of written evidence of a policy or life settlement
    • a financing transaction
    • Employ a device, scheme, or artifice to defraud in the business of life settlement
  • Enter into any plan or practice that involves stranger-originated life insurance
  • employ a device, scheme, or artifice resulting in a violation of Section 31A-21-104 in the solicitation, application, or issuance of a policy that is the subject of a life settlement
  • In furtherance of a fraud or to prevent detection of a fraud:
    • remove, conceal, alter, destroy, or sequester from the commissioner assets or records of a person engaged in the business of life settlements
    • misrepresent or conceal the financial condition of a licensee, a financing entity, an insurer, or other person
    • transact the business of life settlements in violation of this chapter
    • file with the commissioner or analogous officer of another jurisdiction a document containing false information or otherwise conceal information about a material fact from the commissioner or analogous officer
  • embezzle, steal, misappropriate, or convert money, premiums, credits, or other property of a life settlement provider, an owner, an insurer, an insured, an owner of a policy, or other person engaged in the business of life settlements or insurance
  • recklessly enter into, negotiate, or otherwise deal in a life settlement, the subject of which is a policy obtained when one or more persons intend to defraud the policy’s issuer, the life settlement provider, or the owner by:
    • presenting false information concerning a fact material to the policy
    • concealing, to mislead another, information concerning a fact material to the policy
  • facilitate a change of the state or jurisdiction of ownership of a policy or the state of residency of an owner to a state or jurisdiction that does not have a law similar to this chapter for the express purpose of evading or avoiding this chapter
  • attempt to commit, assist, aid, abet, or conspire to commit an act or omission

A person may not knowingly or intentionally interfere with the enforcement of this chapter or an investigation of a possible violation of this chapter.

A person engaged in the business of life settlements may not knowingly or intentionally permit a person convicted of a felony involving dishonesty or breach of trust to participate in the business of life settlements.

An application or contract for a life settlement, however transmitted, shall contain the following or a substantially similar statement: “A person that knowingly presents false information in an application for insurance or a life settlement is guilty of a crime and may be subject to fines and confinement in prison.”

  • The lack of the statement described in Subsection (5)(a) is not a defense in a prosecution for violation of this section.

Juvenile Crimes

Marijuana Charges

Defending Marijuana Charges in Utah

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with crime involving marijuana, such as possession of marijuana, or you are currently under investigation for a crime involving marijuana, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence.

Utah marijuana laws are some of the most strict in the nation. Despite being legalized in several states for medical and recreational purposes, it remains illegal in the state of Utah. Possession of marijuana is strictly prohibited in the state of Utah and the consequences can include significant fines, jail time, probation, and/or community service. Depending on the amount of marijuana possessed and what it is determined to be intended for, marijuana charges can be as serious as a felony with a potential prison sentence. In addition, possession of marijuana charges can result in a driver’s license suspension.

Defending a marijuana charge in Utah requires knowledge and experience about Utah’s drug laws. It requires understanding the different types of possession, “actual possession” or “constructive possession” and an individual’s intent and knowledge of possessing the drug. In addition it requires an understanding of the constitution and your individual rights. It is possible your search and seizure rights were violated. Occasionally there are holes in an investigation that leads to an arrest or marijuana possession charge.

If you are facing criminal charges for a marijuana related crime in Utah, such as marijuana possession, you need one of our experienced Utah criminal defense lawyers. District Attorneys aggressively pursue charges in the state of Utah for marijuana possession, especially charges involving, trafficking, distribution, and manufacturing. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail.

Marijuana Charges- Understanding the Utah law

You can learn more about Utah’s marijuana laws by visiting utah.gov.

Despite the legalization of marijuana for medical and recreation purposes in other states, the laws prohibiting the use and possession of marijuana remain clear and are strictly enforced. Penalties for marijuana charges in Utah vary depending on the seriousness of the crime, the amount of marijuana involved, and prior criminal convictions. Consequences can range from a Class B misdemeanor to felony drug charges and prison time.

Marijuana, also known as pot, weed or cannibis, is the most common used illegal substance in the country. The state of Utah strictly enforces its laws prohibiting the use and possession of marijuana. These prohibitions include:

  • Possession of marijuana
  • Possession of marijuana with the intent to sale or distribute
  • Marijuana trafficking
  • Manufacturing of marijuana
  • Cultivation of marijuana
  • Possession of marijuana paraphernilia
  • Driving while intoxicated (driving while under the influence of marijuana)

According to the laws in the state of Utah, it is illegal for a person to intentionally or knowingly:

  • produce, manufacture, or dispense, or to possess with intent to produce, manufacture, or dispense, marijuana
  • distribute a controlled or counterfeit substance, or to agree, consent, offer, or arrange to distribute marijuana
  • possess marijuana with intent to distribute

How does the legalization of marijuana in other states affect Utah cases?

Neighboring states such as Colorado, Arizona, Nevada, and California have passed laws that make the use and possession of marijuana for medical and recreational use legal. In addition, culturally the use of marijuana is becoming more widely accepted. However, the use and possession of marijuana remains strictly prohibited and illegal in the state of Utah.

Even if you have a prescription or card from another state, you can be charged with a crime for possession of marijuana in the state of Utah. If marijuana is in your system, even if it was consumed legally in another state where it is legal prior to coming to Utah, such as Colorado, you can still be charged for driving while under the influence of marijuana, or driving with a measurable controlled substance metabolite.

If you are from another state where marijuana is legal and you have been arrested or charged with a crime in the state of Utah for possession of marijuana or driving while under the influence of marijuana, contact our Utah criminal defense lawyers in Layton, Utah. We will help defend your case and get you the best possible outcome possible.

Marijuana Charges- Consequences of a Guilty Verdict

You can learn more about Utah’s marijuana and drug laws by visiting utah.gov.

Marijuana offense convictions vary from Class A misdemeanors to felonies and federal charges. The punishments can range from a small fine and probation to a serious prison sentence. Penalties and convictions vary depending on the amount of marijuana involved in the crime, the intended use of the drug– whether it was for personal use, intended to be sold, manufactured or delivered– and if the individual has a prior drug, marijuana or criminal conviction.

Penalties in the state of Utah for a marijuana charge can include the following:

  • Expensive fines and court fees
  • Jail time
  • Supervised probation
  • Community service
  • Prison sentence
  • Felony drug charges

Marijuana and Utah’s Controlled Substances Act

Penalties:

Federal Laws

To possess or possess with intent to sell; intent to manufacture, sell, and/or deliver.

  • Marijuana under 50 kg.- Maximum 5 years/$250,000
  • Marijuana 50-100 kg.- Maximum 20 years/$1,000,000
  • Marijuana 100-1,000 kg.- Maximum 5-40 years/$2,000,000
  • Marijuana over 1,000 kg.- Minimum 10 years to life/$4,000,000
  • Hashish/oil under 100 kg.- Penalties differ from like quantities of marijuana

Utah Laws

To possess.

Marijuana under 1 oz.

  • Up to 6 months and/or up tp $1,000 fine.
  • Class B misdemeanor

Marijuana 1-16 oz.

  • Up to 1 year and/or up to $2,500 fine
  • Class A misdemeanor

Marijuana over 16 oz. but less than 100 lbs.

  • Up to 5 years and/or $5,000 fine
  • 3rd Degree Felony

Marijuana over 100 lbs. determined to be for distribution.

To possess with intent to sell.

  • Up to 5 years and/or up to $5,000 fine
  • 3rd Degree Felony
  • 1-15 years and/or up to $10,000 fine

All penalties are enhanced by one degree if the incident occurs within 100 feet of a school, church, stadium, theaters, etc.

For more information about the Utah Controlled Substances Schedule you can download this table from Utah State University.

Criminal Defense Lawyer

If you are facing a marijuana possession conviction, the consequences could include serious jail and/or prison time and thousands of dollars in fines. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

Miscelleneous Crimes

Defending Your Innocence in a Criminal Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a property crime in Utah, or you are currently under investigation for a property crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence. Our law firm has been successful in defending clients facing criminal charges for more than 25 years, including winning acquittals in murder, rape and kidnapping criminal cases in Utah.


We Represent Most Criminal Cases in Utah

Everyone deserves the right to legal representation. Our Utah criminal defense team will work hard to defend your case and get you the best possible outcome for your particular case. In some cases this could mean a reduction of charges or even getting the charges dismissed. We represent clients accused of all types of crimes. If you have been accused of any crime in the state of Utah, we are here to help you.

Other types of Utah criminal cases we handle

Utah Criminal Code Title 76 

Offenses Against the Person

Assault and related Offenses

Criminal Homicide

Kidnapping, Trafficking, and Smuggling

  • Custodial interference §76-5-303
  • Unlawful detention and unlawful detention of a minor §76-5-304
  • Human trafficking — Human smuggling §76-5-308
  • Human trafficking of a child §76-5-308.5
  • Aggravated human trafficking and aggravated human smuggling §76-5-310

Sexual Offenses

  • Object rape §76-4-402.2
  • Object rape of a child §76-4-402.3
  • Custodial sexual relations — Custodial sexual misconduct §76-4-412
  • Custodial sexual relations or misconduct with youth receiving state services §76-4-413
  • Child conceived as a result of sexual offense §76-4-414

Offenses Against Property

Property Destruction

Burglary and Criminal Trespass

  • Burglary of a railroad car §76-6-204.5
  • Manufacture or possession of instrument for burglary or theft §76-6-205
  • Criminal trespass of abandoned or inactive mines §76-6-206.1
  • Criminal trespass on state park lands §76-6-206.2 
  • Criminal trespass on agricultural land or range land §76-6-206.3

Theft

  • Theft of motor vehicle fuel §76-6-404.7
  • Theft of lost, mislaid, or mistakenly delivered property §76-6-407
  • Receiving stolen property §76-6-408
  • Devices for theft of services §76-6-409.1
  • Theft of utility or cable television services §76-6-409.3
  • Use of telecommunication device to avoid lawful charge for service §76-6-409.6
  • Possession of any unlawful telecommunication device §76-6-409.7
  • Sale of an unlawful telecommunication device §76-6-409.8
  • Manufacture of an unlawful telecommunication device §76-6-409.9
  • Theft by person having custody of property pursuant to repair or rental agreement §76-6-410
  • Theft of a rental vehicle §76-7-410.5
  • Release of fur-bearing animals §76-6-413

Fraud

  • Forgery and producing false identification
  • Possession of forged writing or device for writing
  • Wrongful liens and fraudulent handling of recordable writings
  • Records filed with intent to harass or defraud
  • Tampering with records

Other crimes against property

Offenses Against the Family

Marital Violations

Offenses Against the Administration of Government

  • Official misconduct §76-8-201
  • Failure to disclose identity §76-8-301.5
  • Interference with arresting officer §76-8-305
  • Failure to stop at the command of a law enforcement officer §76-8-305.5
  • Obstruction of justice in criminal investigations or proceedings §76-8-306
  • Acceptance of bribe or bribery to prevent criminal prosecution §76-8-308
  • Bail-jumping §76-8-312
  • Threatening elected officials §76-8-313
  • Refusal to comply with order to evacuate or other orders issued in a local or state emergency §76-8-317
  • Misusing public money §76-8-402
  • Providing false information to law enforcement officers, government agencies, or specified professionals §76-8-506
  • Tampering with witness §76-8-508
  • Retaliation against a witness, victim, or informant §76-8-508.3
  • Tampering with juror — Retaliation against juror §76-8-508.5
  • Tampering with evidence §76-8-510.5
  • Extortion or bribery to dismiss criminal proceeding §76-8-509
  • Impersonation of officer §76-8-512
  • False statements regarding unemployment compensation §76-8-1301
  • Public Assistance Fraud §76-8-12

Offenses Against Public Order and Decency

Offenses Against Public Health, Safety, Welfare, and Morals

You can learn more about the Utah Criminal Code by visiting le.utah.gov.

You can learn more about fines and penalties for Utah crimes by visiting utcourts.gov or by clicking here.

Misdemeanors

Types of Misdemeanors in Utah

Misdemeanors in the state of Utah are classified as one of the following:

  • Class A misdemeanor
  • Class B misdemeanor
  • Class C misdemeanor

*Class A is the most serious type

Class A Misdemeanors

Class A misdemeanors are the most serious types of misdemeanors. If you have been charged with a Class A misdemeanor you could face jail time of up to one year and fines of up to $2500.

You may request to have this cleared from your criminal record 5 years after the date of conviction. If multiple class A misdemeanors have been committed then you have to wait 15 years to make a request.

What types of crimes are classified as a class A misdemeanor?

  • Theft of between $500 and $1500 of value
  • Possession of marijuana (1-16 ounces)
  • Assault on a police officer
  • Criminal mischief
  • DUI that results in an injury

*Please visit the Utah State Court website for more information about class A misdemeanor penalties at www.utcourts.gov

Class B Misdemeanors

In the state of Utah, class B misdemeanors are punishable by up to 6 months in the county jail and could face fines of up to $1000.

You may request to have a class B misdemeanor removed from your criminal record 3 years after the date of conviction, unless multiple offenses have committed then you will need to wait 12 years.

What types of crimes are classified as a class B misdemeanor?

  • Theft of under $500 in value
  • DUI that doesn’t result in an injury; first time offenders
  • Assault
  • Resisting arrest from an officer
  • Trespassing
  • Carrying a concealed weapon
  • Multiple traffic tickets
  • Reckless Driving
  • Criminal Mischief
  • Possession of marijuana ( less than 1 ounce)
  • Possession of drug paraphernalia

*Please visit the Utah State Court website for more information about class B misdemeanor penalties at www.utcourts.gov

Protective Orders and Restraining Orders

Filing for a Protective Order in Utah

Who can file for a Protection Order in Utah?

If you have been harmed by another person, they have committed a crime. For your own safety, you should contact your local police and file a criminal complaint. In addition, to further protect yourself, you should file a Request for a Protective Order with the Court.

Our Utah criminal defense team in Layton, Utah can help you file a Protective Order and get you the help and protection you need.

What can a Protective Order do for you?

You can learn more about the following information on Protective Orders by visit utcourts.gov

  • Order the Respondent not to harm the Petitioner, the Petitioners children or anyone who lives with the Petitioner.
  • Order the Respondent to stay away from the Petitioner and the Petitioners home, job, vehicle or school, and not to contact or harass the Petitioner in any way.
  • Order the Respondent not to have any guns or other weapons.
  • Order temporary possession of the home, car and essential personal property.
  • Order temporary custody, parent-time and support for the children.
  • Order temporary spousal support if the Petitioner and Respondent are married.
  • Order the children not to be removed from Utah.Who can get a Protective Order?

The Petitioner can get a Protective Order if:

  • The Respondent has harmed the Petitioner, and
  • The Petitioner and Respondent are related, live with or used to live with each other, are parents of a child together, or if the Petitioner is pregnant by the Respondent, and
  • The Petitioner and Respondent are at least 16, married or emancipated.

– OR –

  • The Petitioner is afraid the Respondent will harm her or him, and
  • The Petitioner and Respondent are related, live with or used to live with each other, are parents of a child together, or if the Petitioner is pregnant by the Respondent, and
  • The Petitioner and Respondent are at least 16, married or emancipated.

What is a Protective Order in Utah?

A protective order is an action which is initiated with a request or a petition and is filed with the local court. The purpose of a protective order is to protect the petitioner from a violent or potentially violent cohabitant. In order to obtain a protective order from the court, the petitioner must present to the court past instances of violence or abuse and demonstrate fear that a threat of violence or abuse exists from the respondent. The respondent must be the petitioners current or former cohabitant.

If the protective order request is granted by the judge, a temporary protective order will be issued with a pending hearing usually within two weeks after the order is issued by the court. The respondent will be personally served the order with a notice of the hearing date. At the hearing the respondent will have an opportunity to defend him or herself against the accusations made by the petitioner. After the hearing the judge will make a decision whether to dismiss the temporary order or make it permanent.

If the protective order is granted from the judge, the responded will be restrained from certain acts. This can include no communication, no physical contact, no coming within the vicinity of the petitioner’s home, vehicle, school, or place of employment. In instances where the parties have children together, arrangements and considerations will be made for parent-time.

Anyone who is harmed by another person, which includes physical attacks, sexual assault, kidnapping, stalking, harassing, restricting movement, stopping someone from calling for help, breaking things or throwing things to intimidate, or trying or threatening to do any of these things, should contact their local police and file a criminal complaint, as well as file a Request for a Protective Order from the court.

The violation of a protective order can have both civil and criminal consequences. Violating a protective order could lead to a contempt proceeding for the respondent, as well as an arrest and criminal prosecution. A protective order can only be dismissed or modified with the consent of the petitioner, or a respondent can request the order be dismissed after two years.

If you feel you have been harmed by another person and are in need of a Protective Order, our Utah criminal defense attorneys have the experience needed to help you file a Request for a Protective Order and give you and your family the protection you deserve.

If you have been served a Temporary Protection Order

Our criminal defense lawyers help clients who have been served with a Temporary Protection Order. If the judge has entered a Temporary Protection Order against you, this means the judge has seen enough evidence to believe you are a threat to the Petitioner. The Temporary Protective Order starts as soon as a copy of the order is served to the Respondent and lasts until the Final Protective Order hearing.

While we consider Protective Orders very serious, there are many unsubstantiated and false allegations made that can lead to these orders being filed. Unfortunately, these types of orders are filed mostly against men. Having a Temporary Protective Order filed against you can be a result of an ongoing divorce or custody battle or a form of retaliation from a failed relationship.

If the judge does not enter a Temporary Protection Order, it usually means there was not sufficient evidence the Petitioner was harmed. However, the Petitioner has the right to request a hearing for a Final Protective Order. In a Final Protection Order hearing, the Petitioner will try and present more evidence he or she was harmed. The consequences of a Protective Order can be severe, so it is important that you speak to an experienced Utah criminal defense attorney to help you defend your case.

Consequences of a Protective Order

One of the consequences of having a Protective Order filed against you is that it includes mandatory arrest provisions if the order is allegedly violated. If there are allegations made by anyone that you have violated the Protective Order and if “probable cause ” is found by the officer investigating the allegation, an arrest is mandatory.

Having a Protective Order filed against you will show up in background checks by potential employers. In addition, it can prevent you from making contact with your children. A Temporary or Final Protective Order cannot be changed or dismissed without the judges approval. The civil part of the Final Protective Order lasts for 150 days from the date the order is signed by the judge. The criminal part of the order lasts indefinitely. The Respondent can ask that it be dismissed after 2 years, but must show good reason to the judge to do so.

Hire a Utah attorney to defend your case against a Protective Order in Layton, Utah

A Final Protective Order has severe enough consequences that you should hire an experienced Utah criminal attorney to help you defend your case.  All parties involved in a domestic dispute which includes a protective order deserves the right to legal counsel. In many cases false allegations can be made to get an order filed against you. Contact our Utah criminal defense team in Layton, Utah and get the legal help you need. We have experience dealing with issues involving domestic disputes and protective orders in Utah.

Violating a Protective Order

Violating a Protective Order can lead to an arrest and expensive fines. If anyone alleges that the Protective Order has been violated an officer must investigate the allegation. If the officer finds “probable cause” he is obligated to make an arrest. These mandatory arrest provisions included in the Protective Order will be in affect for the duration of the order, which can last indefinitely.

If you have been charged with violating a Protective Order, talk with one of our Utah criminal defense attorneys to help you fight the allegations. We have experience representing both men and women involved in Protective Orders.

Restraining Orders

A restraining order does essentially what is says, it is meant to restrain any type of behavior or action by another. Generally a restraining order is obtained by filing a motion in an on going court case, such as a divorce, child custody case, paternity action, or other civil lawsuit. A restraining order is a motion asking the court to stop the other party from doing something, such as contacting the other party, committing a violent act, protecting property, or using drugs or alcohol.

Restraining orders can be both temporary or permanent. The duration of the order is based a the parties’ need. It can be modified at any time. Restraining orders are civil actions, meaning if they are violated, the restrained party can be brought back into court for a contempt proceeding. If guilty of contempt, further sanctions may be imposed by the court.

Property Crimes

Defending Your Innocence in a Property Crime Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a property crime in Utah, or you are currently under investigation for a property crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence. Our law firm has been successful in defending clients facing criminal charges for more than 25 years, including winning acquittals in murder, rape and kidnapping criminal cases in Utah.

Defending Property Crime Cases in Utah

Property crimes are crimes against the property of another person or entity. These types of crimes can include damage and theft and range from misdemeanors to felonies. Penalties for a property crime can range from a small fine to extensive prison time. Contact our Utah criminal defense lawyers today and get the help you deserve.

As criminal defense attorneys, we will find the best defenses we can to give you the best outcome possible. If you have been arrested for a property crime, do not wait to contact an attorney. In many cases, we can work with the prosecutors to resolve your case and reduce the charges. There are many circumstances that go into an arrest and a criminal charge. Let our criminal defense team help defend you and your case.

Everybody deserves legal representation. In many cases false allegations or other circumstances could lead to an arrest for a property crime you did not commit. If you have been arrested for a property crime, don’t waste any time, contact our Utah criminal defense team to help you fight your criminal charges. If you or someone you love has been arrested for a property crime, you need aggressive legal representation and a legal team you can trust. You need a strong criminal defense team on your side in order to avoid the consequences of a property crime conviction.

Property Crime- Understanding the Utah Laws

You can learn more about Utah child abuse laws by visiting the Utah.gov website.

Property crimes is a broad category and includes a variety of different crimes. Property crimes are crimes against property, which include damage to a property or theft and burglary. Penalties for a property crime can range from infractions and misdemeanors to felonies and can vary depending on the nature of the crime, the amount of property involved, if a weapon was used and if anyone was seriously injured. The following is a list of some of the crimes in Utah that would fall under a property crime:

  • Arson
  • Aggravated arson
  • Aggravated burglary
  • Aggravated robbery
  • Burglary
  • Burglary of a vehicle
  • Criminal mischief
  • Criminal trespass
  • Graffiti
  • Property damage caused while committing a theft
  • Receiving stolen property
  • Reckless Burning
  • Retail theft
  • Robbery
  • Theft
  • Theft of services
  • Vandalism
  • Wrongful appropriation

What is a property crime?

Utah Criminal Code §76-6-101

“Property” means:

  • Any form of real property or tangible personal property which is capable of being damaged or destroyed and includes a habitable structure
  • The property of another, if anyone other than the actor has a possessory or proprietary interest in any portion of the property

Arson

Utah Criminal Code §76-6-102

A person is guilty of arson if the person by means of fire or explosives unlawfully and intentionally damages:

  • Any property with intention of defrauding an insurer
  • The property of another

A person is guilty of aggravated arson if by means of fire or explosives he intentionally and unlawfully damages:

  • A habitable structure
  • Any structure or vehicle when any person not a participant in the offense is in the structure or vehicle

Criminal Mischief

Utah Criminal Code §76-6-106

A person commits criminal mischief if the person”

  • Under circumstances not amounting to arson, damages or destroys property with the intention of defrauding an insurer
  • Intentionally and unlawfully tampers with the property of another and as a result:
    • Recklessly endangers human life or human health or safety
    • Recklessly causes or threatens a substantial interruption or impairment of any critical infrastructure
  • Intentionally damages, defaces, or destroys the property of another
  • Recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle, bus, airplane, boat, locomotive, train, railway car, or caboose, whether moving or standing

Burglary

Utah Criminal Code §76-6-202

A person is guilty of burglary who enters or remains unlawfully in a building or any portion of a building with intent to commit:

  • A felony
  • Theft
  • An assault on any person
  • Lewdness
  • Sexual battery
  • Lewdness involving a child
  • Voyeurism

Criminal Trespass

Utah Criminal Code §76-6-206

A person is guilty of criminal trespass if, under circumstances not amounting to burglary:

  • The person enters or remains unlawfully on property and:
    • Intends to cause annoyance or injury to any person or damage to any property, including the use of graffiti
    • Intends to commit any crime, other than theft or a felony
    • Is reckless as to whether his presence will cause fear for the safety of another
  • Knowing the person’s entry or presence is unlawful, the person enters or remains on property as to which notice against entering is given by:
    • Personal communication to the actor by the owner or someone with apparent authority to act for the owner
    • Fencing or other enclosure obviously designed to exclude intruders

Robbery

Utah Criminal Code §76-6-301

A person commits robbery if:

  • The person unlawfully and intentionally takes or attempts to take personal property in the possession of another from his person, or immediate presence, against his will, by means of force or fear, and with a purpose or intent to deprive the person permanently or temporarily of the personal property
  • The person intentionally or knowingly uses force or fear of immediate force against another in the course of committing a theft or wrongful appropriation

You can learn more about crimes against property in Utah by visiting utah.gov

Property Crime- Consequences of a Guilty Verdict

The consequences of a property crime conviction can be very serious. For crimes such as aggravated burglary or aggravated arson, you could face a severe prison sentence if found guilty. The penalties for a property crime conviction range from an infraction to a first degree felony. Penalties are worse if you have been convicted of a prior offense or if you used a weapon during the property crime.

Due to the severity and nature of the penalties for a conviction of a property crime in the state of Utah, it is essential for you to contact a Utah criminal defense attorney. Our Utah criminal defense attorneys have experience representing clients facing criminal charges in the state of Utah.

Penalties for property crimes in the state of Utah

For more information on penalties for a property crime conviction visit utcourts.gov.

Penalties can vary for each property crime depending on a variety of circumstances, such as the amount of damage caused, where the crime took place, if another person suffered substantial bodily injury or recklessly endangers human life or human health and safety, if there was an interruption or impairment of critical infrastructure, or if the offender has a previous conviction for a property crime.

For example, an Arson conviction can be anywhere from a first degree felony, if considered aggravated arson, to a class B misdemeanor if the property damage caused is less than $500.

First Degree Felony

  • Aggravated Arson
  • Aggravated Burglary
  • Aggravated Robbery

Penalties for a first degree felony conviction are 5 years to life in prison and up to $10,000 in fines.

Second Degree Felony

  • Arson
  • Auto Theft (Theft of a vehicle)
  • Criminal Mischief
  • Criminal Trespass
  • Graffiti; damage caused is greater than $5,000
  • Residential Burglary
  • Robbery
  • Theft of property more than $5,000

Penalties for a second degree felony conviction are 1 to 15 years in prison and up to $10,000 in fines.

Third Degree Felony

  • Arson
  • Burglary of non-dwelling
  • Criminal Mischief
  • Criminal Trespass
  • Graffiti; damage caused is greater than $1,000
  • Theft more than $1,000 but less than $5,000
  • Wrongful Appropriation

Maximum penalties for a third degree felony conviction are up to 5 years in prison and $5,000 in fines.

Class A misdemeanor

  • Arson
  • Burglary of a vehicle
  • Criminal Mischief
  • Criminal Trespass
  • Graffiti; damage caused is greater than $300
  • Reckless Burning; if damage to property exceeds $1,500
  • Theft
  • Theft of services

Penalties for a Class A misdemeanor conviction  are up to 1 year in jail and up to $2,500 in fines.

Class B misdemeanor

  • Arson
  • Criminal Mischief
  • Criminal Trespass
  • Graffiti; damage is less than $300
  • Reckless Burning; if damage to property exceeds $500

Penalties for a Class B misdemeanor conviction are up to 6 month in jail and up to $1,000 in fines

Infraction

  • Criminal Trespass

Penalties for an infraction can result in a fine of up to $750.

You can learn more about penalties for property crimes by visiting utah.gov.

Criminal Defense Lawyer in Utah

If you are facing a property crime conviction, the consequences could include serious prison time, thousands of dollars in fines, and a criminal record. Serious property crimes, such as aggravated burglary and aggravated arson, can be punishable by up to life in prison. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to get you the best possible outcome for your particular case. Our criminal defense team is based in Layton and Ogden, Utah and represents clients, both men and women, in Davis, Weber, and Salt Lake County, and throughout the state of Utah.

The Sentencing Process

How a Sentence is Determined

The judge determines the sentence of a person convicted of a crime using the Utah Sentence and Release Guidelines. These are published on the Utah Sentencing Commission’s website.

Non-Capital Cases

A person convicted of a crime has the right to be sentenced in no fewer than two and no more than 45 days after conviction. The defendant can waive that time frame and be sentenced on the day of conviction.

In felony cases, the judge often orders the Department of Corrections’ Division of Adult Probation and Parole (AP&P) to prepare a pre-sentence report. This confidential report for the judge includes:

  • the police report;
  • the defendant’s prior adult and juvenile record;
  • the defendant’s statement;
  • drug and alcohol history;
  • family history;
  • probation history;
  • impact of the crime on the victim;
  • a sentencing recommendation for the judge’s consideration.

Victims have the right to speak at the sentencing hearing. Their remarks considered along with the pre-sentence report and other evidence.

Capital Cases

A sentencing hearing is held at which defense counsel introduces evidence to show mitigating circumstances, and the state may introduce evidence to show aggravating circumstances. The jury or judge then deliberates to determine whether the person should be given the death penalty or a life sentence.

You can learn more about the Utah sentencing process by visiting utcourts.gov

© www.utcourts.gov

Sex Crimes

Defending Your Innocence in a Sex Crime Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with sex crime in Utah, or you are currently under investigation for a sex crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence.

Defending Sex Crime Cases in Utah

Sex crimes in Utah vary and include many different offenses. The charges can range from misdemeanors to felonies. The punishments can range from minimal sentences or fines to harsh punishments, including prison time. A sex crime conviction can have harsh affects on an individuals life even years after completing sentence.

A sex crime conviction could require for an offender to register on the Sex Offender Registry. Being on this registry can affect your personal life, employment, and other opportunities throughout your life. Having an experienced criminal defense attorney to help fight your sex crime case is vital. If you or someone you love has been arrested for a sex crime, you need aggressive legal representation and a legal team you can trust.

As criminal defense attorneys, we will find the best defenses we can to give you the best outcome possible. There are a lot of circumstances that go into a sex crime investigation and an arrest. False accusations or even exaggerations can lead to innocent people being arrested for a sex crime. Even without a conviction, simply being accused of this type of crime can have a negative impact on your personal life. You need a strong criminal defense team on your side in order to avoid the consequences of a sex crimes conviction.

Sex Crimes- Understanding the Utah Laws

You can learn more about Utah child abuse laws by visiting the Utah.gov website.

Sex crimes is a broad category and includes a variety of different crimes. The following is a list of some of the crimes in Utah that would fall under a sex crime, but not limited to:

  • Aggravated Sexual Assault
  • Aggravated Sexual Abuse of a Child
  • Unlawful sexual activity with a minor
  • Sexual abuse of a minor
  • Rape
  • Rape of a child
  • Sodomy (Forcible sodomy)
  • Unlawful sexual conduct with a 16- or 17-year-old
  • Forcible sexual abuse
  • Sexual abuse of a child
  • Aggravated sexual abuse of a child
  • Sexual assault
  • Sexual battery
  • Child pornography
  • Child molestation
  • Prostitution
  • Lewdness
  • Sexual solicitation

Sexual offenses against the victim without consent of victim

Utah Code § 76-5-406

An act of sexual intercourse, rape, attempted rape, rape of a child, attempted rape of a child, object rape, attempted object rape, object rape of a child, attempted object rape of a child, sodomy, attempted sodomy, forcible sodomy, attempted forcible sodomy, sodomy on a child, attempted sodomy on a child, forcible sexual abuse, attempted forcible sexual abuse, sexual abuse of a child, attempted sexual abuse of a child, aggravated sexual abuse of a child, attempted aggravated sexual abuse of a child, or simple sexual abuse is without consent of the victim under any of the following circumstances:

  • The victim expresses lack of consent through words or conduct
  • The actor overcomes the victim through the actual application of physical force or violence
  • The actor is able to overcome the victim through concealment or by the element of surprise
  • The actor coerces the victim to submit by threatening to retaliate in the immediate future against the victim or any other person, and the victim perceives at the time that the actor has the ability to execute this threat
  • The actor coerces the victim to submit by threatening to retaliate in the future against the victim or any other person, and the victim believes at the time that the actor has the ability to execute this threat
  • The actor knows the victim is unconscious, unaware that the act is occurring, or physically unable to resist
  • The actor knows that as a result of mental disease or defect, or for any other reason the victim is at the time of the act incapable either of appraising the nature of the act or of resisting it
  • The actor knows that the victim submits or participates because the victim erroneously believes that the actor is the victim’s spouse
  • The actor intentionally impaired the power of the victim to appraise or control his or her conduct by administering any substance without the victim’s knowledge
  • The victim is younger than 14 years of age
  • The victim is younger than 18 years of age and at the time of the offense the actor was the victim’s parent, stepparent, adoptive parent, or legal guardian or occupied a position of special trust in relation to the victim
  • The victim is 14 years of age or older, but younger than 18 years of age, and the actor is more than three years older than the victim and entices or coerces the victim to submit or participate, under circumstances not amounting to the force or threat
  • The actor is a health professional or religious counselor, the act is committed under the guise of providing professional diagnosis, counseling, or treatment, and at the time of the act the victim reasonably believed that the act was for medically or professionally appropriate diagnosis, counseling, or treatment to the extent that resistance by the victim could not reasonably be expected to have been manifested
    • “Health professional” means an individual who is licensed or who holds himself or herself out to be licensed, or who otherwise provides professional physical or mental health services, diagnosis, treatment, or counseling including, but not limited to, a physician, osteopathic physician, nurse, dentist, physical therapist, chiropractor, mental health therapist, social service worker, clinical social worker, certified social worker, marriage and family therapist, professional counselor, psychiatrist, psychologist, psychiatric mental health nurse specialist, or substance abuse counselor
    • “Religious counselor” means a minister, priest, rabbi, bishop, or other recognized member of the clergy

You can learn more about sex crimes in Utah by visiting utah.gov

Sex Crimes- Consequences of a Guilty Verdict

The consequences of a sex crime conviction are very serious and harshly prosecuted in the state of Utah. A sex crime conviction can range from a first degree felony for crimes such as rape with a penalty of up to life in prison to a class B misdemeanor with a penalty of up to 6 months in jail and a $1000 fine. Penalties are worse if you have been convicted of a prior sexual offense.

The consequences of a sex crime conviction go beyond only the legal consequences. You will be required to register on the Sex Offender Registry. Being a registered sex offender will limit your opportunities when it comes to employment or other applications in which a background check is required. There is also a stigma that will affect you as an individual for life as well as many other restrictions and limitations. Due to the severity and nature of the penalties for a convicted sex offender in the state of Utah, it is essential for you to contact a Utah criminal defense attorney.

Penalties for a sex crime convictions in Utah

Rape

  • First degree felony
  • Minimum of 5 years to life
  • Minimum of 15 years to life if serious bodily injury to the victim
  • Life without parole if previously convicted of a grievous sexual offense

Rape of a Child

  • 25 years to life in prison
  • Life without parole if serious bodily injury occurs to the child or the defendant has a prior grievous sexual offense conviction

Unlawful Sexual Activity with a Minor

  • Third degree felony
    • Up to five years in prison and up to $5000 fine
  • Class B misdemeanor
    • If it is determined the defendant was less than four years older than minor at time of sexual activity

Forcible Sexual Abuse

  • Second degree felony
  • 1-15 years in prison
  • 15 years to life if serious bodily injury occurs

Aggravated Sexual Assault

  • First degree felony
  • Rape, Object rape, Forcible Sodomy, or Forcible Sexual Abuse
    • Minimum of 15 years to life in prison
    • Life without parole
  • Attempted Rape, Attempted Object rape, or Attempted Forcible Sodomy
    • Minimum of 10 years to life in prison
    • Life without parole if previously convicted of a grievous sexual offense
  • Attempted Forcible Sexual Abuse
    • Minimum of 6 years to life
    • Life without parole if previously convicted of a grievous sexual offense

Learn more about Utah’s Sex Offender & Kidnap Offender Registry

Criminal Defense Lawyer Utah

If you are facing a sex crime conviction, the consequences could include serious prison time, thousands of dollars in fine, and a requirement to register as a sex offender. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

Civil Stalking Injunctions

Filing a Civil Stalking Injunction in Utah

If you feel someone is stalking you, you can request from the court a Civil Stalking Injunction. A Civil Stalking Injunction is an order from the court for the stalker to stop stalking you.

A Civil Stalking Injunction may include orders that can prevent your stalker from continuing to stalk you, contacting you, harassing you, and keeping away from you, your home and/or place of employment, as well as stay away from other people listed in the order.

Our Utah criminal defense lawyers in Layton, Utah have the knowledge and experience you need to help you file a Civil Stalking Injunction and get you the help and protection you need.

What is stalking?

According to the Utah state law, “stalked” means that a person stayed physically or visually close to you, or made threats directed at you.

How do you know if you’re being stalked?

A person is considered to have stalked you if they did these three things:

  • Stalked you two or more times.
  • Knew or should have known that the stalking would cause a reasonable person to be emotionally distressed or to be afraid of being physically hurt.
  • Actually made you or an immediate family member emotionally distressed or afraid of being physically hurt. An “immediate family member” means your spouse, child, sibling, or any other person who lives with you now, or who lived with you within the past 6 months.

You may be required to attend a court hearing

You will most likely be required to attend a court hearing. If the Respondent decides to fight the order, you will have to go to a hearing about the case. The court clerk will give you date for the hearing.

The Respondent might be present at the hearing to defend the order. However, the Respondent does not have the right to speak to you.

At the hearing you will want to present proof of the stalking. In addition to your own statements, you will want to bring witnesses, any photos you have, police reports, and all threatening emails, texts, phone messages, etc,.

Our Utah criminal defense lawyers will help you prepare a solid case against the Respondent and keep you safe and protected from harm.

What if the Respondent does not obey the order?

If the Respondent disobeys the order in any way, call the police. After being served a Civil Stalking Injunction, the Respondent can be arrested and charged with a crime if he/she does not obey the order.

Hire a Civil Stalking Injunction Attorney in Layton, Utah

If you feel you are being stalked, contact our Layton, Utah criminal defense attorneys to file a Civil Stalking Injunction in Utah. We will help you file the Civil Stalking Injunction order and get you the help and protection you need to prevent this person from continuing to stalk and threaten you.

If you have been served a Civil Stalking Injunction

Our Utah criminal defense lawyers in Layton, Utah help clients who have been served with a Temporary Civil Stalking Injunction. These orders are issued without notice to the Respondent. If you have been served a Civil Stalking Injunction hearing notice, you don’t have much time to prepare to defend yourself in the hearing.

While we consider stalking very serious, there are many unsubstantiated and false allegations made that can lead to orders being filed. Unfortunately, these types of orders are filed mostly against men. A Civil Stalking Injunction can be a result of an ongoing divorce or custody battle or a form of retaliation from a failed relationship. You might not have stalked the Petitioner. Let us help you defend yourself in this case.

Consequences of a Civil Stalking Injunction

Having a Civil Stalking Injunction order can bring serious consequences. These orders become public record and can show up in basic background checks by potential employers.

A Civil Stalking Injunction can prevent you from:

  • Living in your home (If currently residing with the Petitioner)
  • Seeing your children (If Respondent has children with the Petitioner)
  • Owning or possessing a firearm or other weapon
  • Contacting the Petitioner
  • Going near the Petitioner, or others named in the order

You will have to attend a hearing to fight the case

At the hearing, you will not have the right to speak to the petitioner. But you will have the right to fight defend yourself in the case. At the hearing, we will present the court with information and evidence that suggests you were not stalking the Petitioner. Any witnesses, photos, police reports, or email, texts, phone messages that help your make you case should be presented to the court.

Hire a Utah attorney to fight your Civil Stalking Injunction case in Layton, Utah

It is important you hire an attorney to defend you at the hearing. Our Utah criminal defense attorneys will present evidence to show you have not stalked the Petitioner, including call you to testify, asking other witnesses to testify, cross examining the Petitioner and other witnesses, etc,. It is in your best interest to be prepared going into the hearing and having the representation of a qualified attorney. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

Theft Crimes

Defending Your Innocence in a Theft Crime Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with theft crime in Utah, or you are currently under investigation for a theft crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence.

Defending Theft Crime Cases in Utah

Theft crimes in the state Utah cover a broad variety of different offenses, namely crimes against property. A theft takes place when an individual takes something from another with the purpose to deprive and without authorization. The charges can range from misdemeanors to second degree felonies. The punishments can range from minimal sentences or fines to harsh punishments, including prison time, depending on the nature of the crime, the intent and if violence was involved.

Theft crimes are some of the most common crimes committed in the state of Utah. Even stolen property with minimal value could lead to significant fines, jail time and a criminal record. Having a theft crime on your criminal record can affect your future employment and other opportunities throughout your lifetime. If you have been accused or a theft crime, it is important that you meet with a Utah criminal defense lawyer who understands theft crimes and knows how to defend them.

As criminal defense attorneys, we will find the best defenses we can to give you the best outcome possible. There are a lot of circumstances that go into a theft crime investigation and an arrest. False accusations and other circumstances can lead to innocent people being accused of a theft crime in Utah.  If you or someone you love has been arrested for a theft crime, you need aggressive legal representation and a legal team you can trust. You need a strong criminal defense team on your side in order to avoid the consequences of a theft crime conviction.

Theft Crimes- Understanding the Utah Laws

You can learn more about Utah theft laws by visiting Utah.gov

Theft crimes in Utah are a broad category. Theft crimes include everything from retail theft, or shoplifting, to larceny and aggravated robbery. The penalties for being convicted of these types of crimes ranges from a class B misdemeanor to a second degree felony. If you are convicted of a theft crime, you could spend time in jail. Theft crimes in Utah include the following crimes:

  • Aggravated burglary
  • Aggravated robbery
  • Burglary
  • Burglary of a vehicle
  • Criminal trespass
  • Identity theft
  • Larceny
  • Mail theft
  • Receiving stolen property
  • Retail theft (shoplifting)
  • Robbery
  • Theft
  • Theft by deception
  • Theft by extortion
  • Theft of services
  • Theft of utility or cable television services
  • Wrongful appropriation

What is considered theft in the state of Utah?

Utah Criminal Code § 76-6-302

According the laws in the state of Utah, a person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.

Property, is considered to be anything of value, including:

  • Real estate
  • Tangible and intangible personal property
  • Captured or domestic animals and birds
  • Written instruments or other writings representing or embodying rights concerning real or personal property
  • Labor
  • Services
  • Any other thing containing value to the owner
  • Commodities of a public utility nature such as telecommunications, gas,electricity, steam, or water, and trade secrets

To “Obtain” means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property, whether to the obtainer or another; in relation to labor or services, to secure performance thereof; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction.

“Purpose to deprive” means to have the conscious object:

  • To withhold property permanently or for so extended a period or to use under such circumstances that a substantial portion of its economic value, or of the use and benefit thereof, would be lost
  • To restore the property only upon payment of a reward or other compensation
  • To dispose of the property under circumstances that make it unlikely that the owner will recover it

“Deception” occurs when a person intentionally:

  • Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of another in the transaction
  • Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true
  • Prevents another from acquiring information likely to affect his judgment in the transaction
  • Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claim, or other legal impediment to the enjoyment of the property, whether the lien, security interest, claim, or impediment is or is not valid or is or is not a matter of official record
  • Promises performance that is likely to affect the judgment of another in the transaction, which performance the actor does not intend to perform or knows will not be performed; provided, however, that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed

You can learn more about Utah theft laws by visiting Utah.gov

Theft Crimes- Consequences of a Guilty Verdict

You can learn more about consequences of theft crime by visiting utah.gov

The consequences of a theft crime range from class B misdemeanors to second degree felonies. In addition to the legal fines and punishments handed down by the court and theft crime conviction, individuals who commit theft will be civilly liable for paying restitution up to three times the amount of damages sustained, court costs and attorney and legal fees.

Penalties for a theft crime conviction

Utah Criminal Code § 76-6-412

Class B Misdemeanor

  • Value of the property stolen is less than $500

Class A Misdemeanor

  • Value of the property stolen is or exceeds $500 but is less than $1,500
  • Value of the property or services is less than $500; and;
    • Theft occurs on a property where the offender has committed any theft within the past five years
    • The offender has received written notice from the merchant prohibiting the offender from entering the property

Third Degree Felony

  • Value of the property or services is or exceeds $1,500 but is less than $5,000
  • The offender has two prior theft crime convictions in last 10 years
  • Any theft, any robbery, or any burglary with intent to commit theft

Second Degree Felony

  • Value of the stolen property or services is $5,000 or more
  • Property stolen is a firearm or an operable motor vehicle
  • Offender was armed with a dangerous weapon at time of the theft
  • Property was stolen from the person of another

Criminal Defense Lawyer Utah

If you are facing a theft crime conviction, the consequences could include serious jail or prison time, thousands of dollars in fines, and a criminal record. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to help protect your freedom, overcome your charges, and keep you out of jail. Our criminal defense team is based in Layton, Utah and represents clients throughout the state of Utah.

Utah Traffic Law

Violent Crimes

Defending Your Innocence in a Violent Crime Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a violent crime in Utah, or you are currently under investigation for a violent crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence. Our law firm has been successful in defending clients facing criminal charges for more than 25 years, including winning acquittals in murder, rape and kidnapping criminal cases in Utah.

Defending Violent Crime Cases in Utah

Violent crimes are crimes against another person and/or property that are violent in nature. These types of crimes involve violence or threats of violence towards another person and the result is often serious injury or death to another person. These are serious crimes and are prosecuted in the state of Utah aggressively. Once an individual is charged with a crime, the prosecution will begin to make their case and seek the harshest penalties possible. Being convicted of a violent crime could mean extensive prison time. Contact our Utah criminal defense lawyers today in order to protect yourself from this intense prosecution.

While Utah does have a lower crime rate than the national average, violent crime does exist in Utah. If you have been charged with a crime, it is important that you understand your legal options. Everybody deserves legal representation. In many cases false allegations or other circumstances could lead to an arrest for a violent crime you did not commit. If you have been arrested for a violent crime, it is vital that you do not waste any time, contact a Utah criminal defense team to help you fight your violent crime charge.

As criminal defense attorneys, we will find the best defense we can to give you the best outcome possible, whether that be a lesser charge, an acquittal or getting the charges dropped. Our Utah criminal defense team has experience defending Utah criminal cases, including winning acquittals in rape, kidnapping and murder cases. If you or someone you love has been arrested for a violent crime, you need aggressive legal representation and a legal team you can trust. You need a strong criminal defense team on your side in order to avoid the consequences of a violent crime conviction.

Violent Crime- Understanding the Utah Laws

You can learn more about Utah violent crime laws by visiting the Utah.gov website.

Violent crimes is a broad category and includes a variety of different crimes. Violent crimes are crimes that are violent in nature and involve violence or threats of violence toward another person. Typically a violent crime will result in harm, serious injury or death to another person. These are the most dangerous and harmful of all crimes. Most of these crimes are felonies and carry a prison sentence if found guilty. The following is a list of some of the crimes in Utah that would fall under a violent crime, but not limited to:

  • Aggravated assault
  • Aggravated burglary
  • Aggravated kidnapping
  • Aggravated murder
  • Aggravated robbery
  • Assault
  • Arson
  • Automobile homicide
  • Burglary
  • Child abuse
  • Child kidnapping
  • Criminal homicide
  • Criminal mischief
  • Criminal trespass
  • Disorderly conduct
  • Habitual violent offender
  • Harassment
  • Kidnapping
  • Manslaughter
  • Murder
  • Rape
  • Reckless endangerment
  • Robbery
  • Unlawful detention

Violent Crime- Consequences of a Guilty Verdict

The consequences of a violent crime conviction are very serious and are aggressively prosecuted in the state of Utah. The prosecution will seek to get the harshest penalty possible in a violent crime case. A violent crime conviction can range from a capital offense, punishable by life in prison or death, to a class B misdemeanor which carries a penalty of up to 6 months in jail and a $1000 fine. Penalties are worse if you have been convicted of a prior offense, you are a habitual violent offender, if you used a weapon during the violent crime, or if committed in the presence of a child.

Due to the severity and nature of the penalties for a conviction of a violent crime in the state of Utah, it is essential for you to contact a Utah criminal defense attorney. We have experience representing violent crime cases in the state of Utah, including winning acquittals in rape, kidnapping and murders cases.

Penalties for violent crimes in the state of Utah

Capital felonies in the state of Utah

Utah Criminal Code 76-3-205

  • A person who has pled guilty to or been convicted of a capital felony shall be sentenced to:
    • Death
    • An indeterminate prison term of not less than 25 years and which may be for life
    • Life in prison without parole.

If a notice of intent to seek the death penalty has been filed, aggravated murder is a capital felony

First degree felonies in the state of Utah

Utah Criminal Code 76-3-202

  • A person who has pled guilty to or been convicted of a first degree felony shall be sentenced to:
    • 5 years to life in prison
    • Up to $10,000 in fines

Murder, rape, child kidnapping, aggravated burglary, aggravated robbery or arson are some of the violent crimes in Utah considered first degree felonies.

Second degree felonies in the state of Utah

Utah Criminal Code 76-3-202

  • A person who has pled guilty to or been convicted of a second degree felony shall be sentenced to:
    • One to 15 years in prison
    • Up to $10,000 in fines

Manslaughter, robbery, residential burglary, kidnapping, forcible sexual abuse, and intentional child abuse are some of the violent crimes in Utah considered second degree felonies.

Third degree felonies in the state of Utah

Utah Criminal Code 76-3-202

  • A person who has pled guilty to or been convicted of a third degree felony shall be sentenced to:
    • Zero to 5 years in prison
    • Up to $5000 in fines

Burglary and aggravated assault are some of the violent crimes in Utah considered third degree felonies.

Class A misdemeanors in the state of Utah

Utah Criminal Code 76-3-301

  • A person who has pled guilty to or been convicted of a class A misdemeanor shall be sentenced to:
    • Up to one year in jail
    • Up to $2500 in fines

Negligent homicide, DUI with injury, theft, assault on a police officer, criminal mischief are violent crimes in Utah that are considered class A misdemeanors.

Class B misdemeanors in the state of Utah

Utah Criminal Code 76-3-301

  • A person who has pled guilty to or been convicted of a class B misdemeanor shall be sentenced to:
    • Up to six months in jail
    • Up to $1,000

Assault and resisting arrest are violent crimes in Utah that are considered class B misdemeanors.

Increase of sentence if dangerous weapon used

Utah Criminal Code 76-3-203.8

“Dangerous weapon” means:

  • any item capable of causing death or serious bodily injury
  • a facsimile or representation of the item, if:
    • the actor’s use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury
    • the actor represents to the victim verbally or in any other manner that he is in control of such an item

If found beyond a reasonable doubt that a dangerous weapon was used in the commission or furtherance of the felony:

  • An increase by one year the minimum term of the sentence applicable by law
  • If the minimum term applicable by law is zero, shall set the minimum term as one year
  • may increase by five years the maximum sentence applicable by law in the case of a felony of the second or third degree

Violent offense committed in presence of a child

I a violent criminal offense is committed in the presence of a child the court will consider the presence of a child as an aggravating factor.

Utah Criminal Code 76-3-203.9

“In the presence of a child” means:

  • In the physical presence of a child younger than 14 years of age
  • Having knowledge that a child younger than 14 years of age is present and may see or hear a violent criminal offense

“Violent criminal offense” means any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt to commit a criminal offense involving violence or physical harm.

The sentencing judge or the Board of Pardons and Parole shall consider as an aggravating factor in their deliberations that the defendant committed the violent criminal offense in the presence of a child.

The sentencing judge or the Board of Pardons and Parole shall also consider whether the penalty for the offense is already increased by other existing provisions of law.

Habitual Violent Offenders in Utah

Utah Criminal Code 76-3-203.5

“Habitual violent offender” means a person convicted within the state of any violent felony and who on at least two previous occasions has been convicted of a violent felony and committed to either prison in Utah or an equivalent correctional institution of another state or of the United States either at initial sentencing or after revocation of probation.

Learn More

Utah Criminal Code on Violent Crimes

Criminal Defense Lawyer in Layton, Utah

If you are facing a violent crime conviction, the consequences could include serious prison time, thousands of dollars in fine, and criminal record. Capital murder, or aggravated murder, can be punishable by life in prison or even death. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to get you the best possible outcome for your particular case. Our criminal defense team is based in Layton, Utah and represents clients, both men and women, in Davis, Weber, and Salt Lake County, and throughout the state of Utah.

White Collar Crimes

Defending Your Innocence in a White Collar Crimes Case

As criminal defense lawyers it is our job to defend you and your case. If you are have been charged with a violent crime in Utah, or you are currently under investigation for a violent crime, contact an experienced criminal defense lawyer in Layton, Utah today. It is crucial you do not wait. You are innocent until proven guilty. We will treat you and your case accordingly. The police reports do not always tell the whole story. You are innocent until they prove otherwise.

You might not have broken any laws or committed any crimes– even if you have been charged or accused of doing so. In some cases there is not sufficient evidence to convict you of a crime. It is our job to make them prove their case. Our Layton criminal defense lawyers understand what it takes to defend your innocence. Our law firm has been successful in defending clients facing criminal charges for more than 25 years, including winning acquittals in murder, rape and kidnapping criminal cases in Utah.

Defending White Collar Crime Cases in Utah

White collar crimes are non-violent crimes that typically occur in a business or an organization, or in a corporate or political setting, usually by high-ranking professionals, such as executives, managers, board members, etc.  White collar crimes are serious crimes typically committed for financial gains. Penalties for convictions in these types of cases can be federal offenses and carry harsh punishments; including mandatory registering with the Utah White Collar Crime Offender Registry

Our Utah criminal defense lawyers will help protect you and your interests in a white collar crime case. In many cases, business professionals can be falsely accused or falsely implicated in a high profile white collar crime. Being convicted of a white collar crime has serious implications beyond fines, jail and/or prison time, it can have serious repercussions on a professional’s career and personal life. Due to the seriousness of the crime and possible consequences, if you have been accused of committing a white collar crime in Utah, it is important that you speak with an experienced white collar crime attorney in Layton, Utah.


White Collar Crimes- Understanding the Utah Laws

You can learn more about white collar crimes in Utah by visiting le.utah.gov

White collar crimes in Utah typically are crimes of theft committed by professional in order to obtain large amounts of money or property. In Utah there are a variety of crimes that fall under “white collar.” Some of the crimes that would be considered a white collar crime in Utah include, but are not limited to:

  • Bank fraud
  • Bribery
  • Check fraud
  • Communications fraud
  • Computer/Internet crimes
  • Corruption
  • Counterfeiting
  • Credit card fraud
  • Deceptive business practices
  • Embezzlement
  • Extortion (theft by extortion and extortion to dismiss criminal proceeding)
  • Forgery
  • Fraud crimes
  • Identity theft
  • Insider trading
  • Insurance fraud
  • Investment fraud/Securities fraud
  • Mail and wire fraud
  • Medicare/Medicaid fraud (Welfare fraud)
  • Money Laundering
  • Mortgage fraud
  • Obstruction
  • Racketeering
  • Securities Fraud
  • Tax Crimes (Tax fraud and tax evasion)
  • Theft by deception
  • Violation of Utah Anti-trust laws


Bribery

Utah Criminal Code § 76-8-103

A person is guilty of bribery or offering a bribe if that person promises, offers, or agrees to give or gives, directly or indirectly, any benefit to another with the purpose or intent to influence an action, decision, opinion, recommendation, judgment, vote, nomination, or exercise of discretion of a public servant, party official, or voter.

Penalties for bribery in the state of Utah

  • Third degree felony when the value of benefit is less than $1000
  • Second degree felony when value of benefit is $1,000 or more

Theft by extortion

Utah Criminal Code §76-6-406

A person is guilty of theft if he obtains or exercises control over the property of another by extortion and with a purpose to deprive him thereof.

Extortion occurs when the person threatens to:

  • Cause physical harm in the future to the person threatened or to any other person or to property at any time
  • Subject the person threatened or any other person to physical confinement or restraint
  • Engage in other conduct constituting a crime
  • Accuse any person of a crime or expose him to hatred, contempt, or ridicule
  • Reveal any information sought to be concealed by the person threatened
  • Testify or provide information or withhold testimony or information with respect to another’s legal claim or defense
  • Take action as an official against anyone or anything, or withhold official action, or cause such action or withholding
  • Bring about or continue a strike, boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent
  • Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person’s health, safety, business, calling, career, financial condition, reputation, or personal relationships

Extortion to dismiss criminal proceeding

Utah Code § 76-8- 509

A person is guilty of a felony of the second degree if by the use of force or by any threat which would constitute a means of committing the crime of theft by extortion under this code, if the threat were employed to obtain property, or by promise of any reward or pecuniary benefits, he attempts to induce an alleged victim of a crime to secure the dismissal of or to prevent the filing of a criminal complaint, indictment, or information.

Forgery

Utah Code § 76-6- 501

A person is guilty of forgery if, with the intention of defrauding another individual, or with knowledge that the person is facilitating a fraud to be perpetrated by anyone, the person:

  • alters any writing of another without his authority or utters the altered writing; or
  • makes, completes, executes, authenticates, issues, transfers, publishes, or utters any writing so that the writing or the making, completion, execution, authentication, issuance, transference, publication, or utterance:
    • purports to be the act of another, whether the person is existent or nonexistent;
    • purports to be an act on behalf of another party with the authority of that other party; or
    • purports to have been executed at a time or place or in a numbered sequence other than was in fact the case, or to be a copy of an original when an original did not exist.

Penalties for committing a forgery crime in the state of Utah

  • Forgery is a third degree felony
  • Producing or transferring any false identification documents is second degree felony


Identity theft or identity fraud

Utah Criminal Code §76-6-1102

In the state of Utah it is unlawful for a person to knowingly or intentionally use, or attempt to use, personal identifying information of another person, whether that person is living or deceased, with the intent to defraud to obtain or attempt to obtain credit, goods, services, employment, any other thing of value, or medical information.

Personal identifying information includes:

  • Name
  • Birth date
  • Address
  • Telephone number
  • Drivers license number
  • Social Security number
  • Place of employment
  • Employee identification numbers
  • Mother’s maiden name
  • Electronic identification numbers;
  • Electronic signatures
  • Other numbers or information that can be used to access a person’s financial resources or medical information
  • Photograph or any other realistic likeness

Penalties for identity fraud in the state of Utah

  • Third degree felony if value is less than $5000
  • Second degree felony
    • if value exceeds $5000
    • if bodily injury occurs to another person


Issuing bad checks or Check fraud

Utah Criminal Code §76-6-505

In the state of Utah, you are guilty of issuing a bad check if a check is passed or drafted in an attempt to obtain from another individual or entity anything of value, such as property or services, while knowing that the payment will be refused. According to the law, you have 14 days to make good on the payment.

The penalties for issuing a bad check in Utah are:

  • Less than $500= Class B misdemeanor
  • $500-$1500= Class A Misdemeanor
  • $1500-$5000= 3rd Degree Felony
  • $5000 or more= 2nd Degree Felony

<
Money laundering

Utah Criminal Code §76-10-1903

A person commits the offense of money laundering who:

  • Transports, receives, or acquires the property which is in fact proceeds of the specified unlawful activity, knowing that the property involved represents the proceeds of some form of unlawful activity
  • Makes proceeds of unlawful activity available to another by transaction, transportation, or other means, knowing that the proceeds are intended to be used for the purpose of continuing or furthering the commission of specified unlawful activity
  • Conducts a transaction knowing the property involved in the transaction represents the proceeds of some form of unlawful activity with the intent:
    • to promote the unlawful activity;
    • to conceal or disguise the nature, location, source, ownership, or control of the property; or
    • to avoid a transaction reporting requirement under this chapter or under federal law;
  • Knowingly accepts or receives property which is represented to be proceeds of unlawful activity.

Deceptive business practices

Utah Criminal Code §76-5-507

A person is guilty of deceptive business practices if in the course of business he or she:

  • Uses or possesses for use a false weight or measure, or any other device for falsely determining or recording any quality or quantity
  • Takes or attempts to take more than the represented quantity of any commodity or service when as buyer he furnishes the weight or measure
  • Sells, offers, or exposes for sale adulterated or mislabeled commodities

You can learn more about white collar crimes in Utah by visiting le.utah.gov

White Collar Crimes- Consequences of a Guilty Verdict

White collar crime convictions vary from misdemeanors to felonies with federal charges. The punishments can range from fines and probation to a serious prison sentence. Penalties and convictions vary depending on the type of crime, seriousness of the crime, and amount of money involved in the crime. White collar crimes typically involve large amounts of money, so the penalties are very harsh. You need to meet with an experienced Utah criminal defense attorney if you have been accused of committing a white collar crime in Utah.

Penalties for White Collar Crime in Utah

You can read more about penalties for white collar crimes in Utah by visiting utcourts.com

  • Class B Misdemeanors
    • Up to 6 months in prison
    • Maximum$1,000 fine
  • Class A Misdemeanors
    • Up to 6 months in prison
    • Maximum $2,500 fine
  • Third Degree Felonies
    • Up to five years in prison,
    • Up to $5,000 in fines;
  • Second Degree Felonies
    • Up to 15 years in prison,
    • Up to $10,000 in fines
  • First Degree Felonies
    • Five years to life in prison
    • Maximum fine of $10,000.


Utah White Collar Crime Offender Registry

Utah Criminal Code §77-42-105

Registerable Offenses:

A person shall be required to register with the Office of the Attorney General for a conviction of any of the following offenses as a second degree felony:

Criminal Defense Lawyer in Layton, Utah

If you are facing a white collar crime conviction, such as fraud, extortion, money laundering or embezzlement, the consequences could include serious jail and/or prison time and thousands of dollars in fines. Contact our Layton criminal defense lawyers and get the help and legal defense you need. As your criminal defense lawyers, we will provide you with an aggressive defense to get you the best possible outcome for your specific case. Our criminal defense team is based in Layton, Utah and represents clients in Davis County, Weber County, and Salt Lake County and throughout the state of Utah.

Recent Criminal Law Articles

More Articles

Know Your Rights

Let us answer your legal questions. We offer free consultations and case evaluations in most specialty areas. Learn your rights and options BEFORE you hire a lawyer!

Contact Us