After you enter a guilty plea or are found guilty by a jury in the state of Utah, you will be sentenced by the judge in your case. The judge determines your penalty, whether it be prison time, jail time, parole, community service, fines, etc.
When Does Sentencing Happen?
The timeline of sentencing in Utah is usually between two and 45 days after your conviction. However, you can request that it be sooner or later. You can even choose to be sentenced on the day of conviction.
What Are the Possible Penalties You Can Face
The possible penalties you face depend partly on the charge you are being convicted of. Most crimes come with a label from class C misdemeanor to first-degree and capital felonies. Each class or degree of crime comes with a maximum possible penalty and possible fine.
Misdemeanors
Class
Possible Prison Term
Possible Fine
Class A
Up to 364 days in jail
Up to $2,500, plus 90% surcharge
Class B
Up to six months in jail
Up to $1,000 or compensatory service, plus 90% surcharge
Class C
Up to 90 days in jail
Up to $750 or compensatory service, plus 35% surcharge
Each term or fine listed is the maximum penalty. In some cases, a judge will greatly reduce your prison term, or suspend it altogether.
Typically you will be sentenced to a term of probation, which is a period of time ordered by the court that allows you to live in the community while under supervision of the Utah Department of Corrections. Your prison or jail sentence can also be terminated or cut short because of parole, good behavior, or time served.
Speaking with your lawyer is the most important step you can take. Because most criminal cases are settled through plea deals rather than trial, your lawyer can assess your situation and help build a case for a favorable sentence.
How Is Sentencing Determined in Utah?
Judges weigh many factors when determining your sentence, including how severe the crime was, how much your actions hurt other people, whether your actions would be considered a hate crime, and so much more.
Every year, the State of Utah releases a set of sentencing guidelines, which are determined by a 17-member group of people who are involved in the criminal justice system, including defense attorneys, judges, prosecutors, law enforcement officers, and more. There are three basic goals that these sentencing guidelines are supposed to achieve:
Risk Management - The penalty should be appropriate for the crime you were found guilty of and address any risk you might pose to public safety.
Risk Reduction - There should be resources that ensure you don’t commit the crime again and go to prison.
Restitution - You are able to repay anyone who was impacted by the offense.
Your judge will likely use those sentencing guidelines to help determine what kind of sentence you should get but ultimately your sentence is decided at the discretion of your judge.
If you are sentenced to prison, Utah uses indeterminate sentencing at the trial court level. This means that your judge will give a range of time for incarceration rather than a fixed number. Once you are sentenced to prison the Board of Pardons & Parole determines your release, parole, and parole conditions.
What You Can Do to Make Sure Your Sentence is as Favorable as Possible?
The biggest thing you can do to ensure the judge doesn’t deliver a harsh sentence is to display good behavior throughout the criminal process.
Yes, the judge will consider the crime you are convicted of, but they will also review factors that relate to you personally. Sentencing can be an opportunity for you to present ways you plan to reduce your risk of reoffending. It’s also the most pivotal time for you to express any remorse for the crime. The judge will consider everything presented before delivering the sentence.
Ask for Character Letters
One reason you might want to prolong your sentencing is because of the process of gathering character letters. Your friends and family can write to the judge and express what you are like as a person. A strong support system that can speak to your good character may persuade the judge to consider leniency. It also could encourage your judge to see that you have a strong support system that will be there for you during probation and/or parole.
Listen to Your Lawyer
Your lawyer knows what you need to do to make sure that if you are convicted, your punishment isn’t more severe than you deserve. Engage with your attorney and take their expertise seriously. Lawyers come in all shapes, sizes, and experiences. At Brown, Bradshaw & Moffat, our lawyers have been practicing law for years — some for decades. Any one of them would be a good choice to represent you.
Get started with the best attorneys the Beehive State has to offer. Tell us about your case, and a member of our staff will reach out to you.
Criminal Defense — Utah
Frequently Asked Questions: The Sentencing Process in Utah
1When does sentencing take place after a conviction in Utah?
Sentencing in Utah typically occurs between two and 45 days after a conviction under Utah court procedures. However, this timeline is flexible — you can request a later date to gather character letters, or you may choose to be sentenced on the same day as your conviction, which is a common strategy when a plea deal has already been negotiated and you want the terms finalized immediately.
3What factors do judges consider when determining a sentence in Utah?
Utah judges follow annual sentencing guidelines developed by a 17-member criminal justice group that includes defense attorneys, judges, prosecutors, and law enforcement. Judges weigh the severity of the crime, harm caused to victims, and whether the offense qualifies as a hate crime. The framework is built around three core goals:
Risk Management — Ensuring the penalty fits the crime and addresses any risk to public safety.
Risk Reduction — Connecting defendants with resources to prevent reoffending.
Restitution — Making victims whole by requiring repayment for harm caused.
Ultimately, the final sentence rests at the judge's discretion.
4How can I influence the judge to give a more lenient sentence in Utah?
Your behavior throughout the entire legal process matters. Judges look for genuine remorse and respect for the court. Steps that can improve your chances of leniency include:
Remaining polite and cooperative with law enforcement and court staff throughout the process.
Gathering character letters from family and friends who can speak to your positive qualities — this is one reason defendants sometimes request a later sentencing date.
Proactively seeking out treatment, support groups, or counseling before sentencing.
Demonstrating to the court that you understand the impact of your actions and are unlikely to reoffend.
Working closely with an experienced criminal defense attorney is the single most important step you can take.
5Is a prison or jail sentence always required for a felony conviction in Utah?
Not necessarily. The maximum penalties outlined in Utah law represent worst-case scenarios. In many cases, defendants receive probation — a court-supervised period in the community — instead of incarceration. Sentences can also be reduced due to:
Good behavior while in custody.
Successful completion of or participation in a treatment program.
Utah uses indeterminate sentencing at the trial court level, meaning judges issue a range of incarceration time rather than a fixed number — and the Board of Pardons and Parole ultimately determines when a defendant is released and under what conditions.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
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The basic definition of “domestic violence,” according to Utah law, is a pattern of abusive or aggressive behavior in a relationship that is used by one partner to gain or maintain power and control over another intimate partner. Abusive behavior can be more than physical. It can also be emotional, sexual, or even psychological. Many prosecutors will also bring charges for allegations of domestic violence toward family members, friends, and co-workers.
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