Criminal Defense Expertise in Utah

If you are charged with a crime in Utah, it is important to understand the way criminal penalties are structured. If a person is convicted of a crime in Utah, then the criminal offense has certain statutory maximum provisions.

Some crimes also have minimum mandatory provisions. Before imposing a sentence, the judge considers a number of factors. The sentence the judge imposes can include incarceration in the county jail or the state prison, probation, a fine, community service, restitution, or a combination of these penalties.

To determine the sentence, the court uses Utah Sentence and Release Guidelines which provide for both aggravating and mitigating factors which can be considered at sentencing.

The mitigating factors are findings that can make the punishment less severe, including whether the defendant:

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

The aggravating factors are findings that can make the punishment more severe, including whether:

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

The penalties can also be enhanced if the person:

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