In Utah, you can be convicted of one of three different types of crimes: infractions, misdemeanors, and felonies. Each one of them comes with its own level of punishment. The most severe are felonies.
You don’t want that type of crime on your record. Not only does it change where you live in your immediate future, it can create problems after you’ve served your time.
According to the Utah courts, “A felony is a major crime that can be punished with imprisonment, a fine, or both.”
A felony is the most severe type of crime that you can be charged with, and within it, there are four different degrees, each with its own range of punishments.
You can face anywhere from zero to five years in prison with a fine of up to $5,000. While this is the lowest degree of felony, it’s still a felony, which you would have on your record.
This includes prison time of one to fifteen years in prison and a fine of up to $10,000.
The range for this one is five years to life in prison and a fine of up to $10,000.
This is the most extreme crime you can get convicted of. There are only three possible outcomes for it: life in prison with the possibility of parole, life in prison without it, or death.
The main difference between a felony and a misdemeanor is jail vs. prison. You may have thought those two words were interchangeable, but they’re not. They have different purposes.
A jail is a facility that is run by local governments, such as a city or county. They are seen as a more temporary place to house people who are accused or convicted of a crime. If you are ever arrested, you usually stay in jail until you make bail.
A prison is a more permanent facility that is run by the state. People often spend years in prison — sometimes even a lifetime — but they only go if they are convicted of a felony.
If you’re convicted of a misdemeanor, you likely won’t serve time at either facility. You’ll more likely have to pay a fine or do some kind of probation. However, if you do, the place you’ll go is jail.
If you do go to jail, it won’t be for any more than 364 days. The state of Utah doesn’t allow people to spend a full year in jail for a misdemeanor.
The answer to this question is a little more complicated than you might think. Certain crimes like burglary or murder are automatic felonies. But most crimes — even violent ones — come with levels of severity under Utah law that include both misdemeanors and felonies.
Let’s take larceny as an example. The level of charges you can face for committing theft depends on how much the property was that you stole. Up to $1500 is a misdemeanor. Anything above that amount is a felony.
Another example is assault. If you cause bodily injury with unlawful force, you can get a misdemeanor. However, there is another type called aggravated assault. This is when you either use a dangerous weapon or some kind of force that can potentially kill the other person. Aggravated assault is a second- or third-degree felony depending on the circumstances.
The answer to this question is, “No,” but there is only one type of homicide where you would get charged with a misdemeanor. It’s called “negligent homicide.” It means that you did some kind of action that resulted in the death of someone else, but you didn’t understand the risk even though you probably should have.
“Manslaughter” is the unintentional type of homicide you probably hear about more often. This is where you understood the risk that your actions would kill the other person, but you went through with it anyway. It is a second-degree felony.
Murder is a first-degree felony, but it comes with its own set of sentencing guidelines. Where most first-degree felonies have a minimum of five years in prison, murder has a minimum of fifteen.
A capital felony is the most severe kind of felony you can be convicted of, and the only crime that it’s attached to is aggravated murder. This is when you kill someone, and in the process, you are trying to kill other people or committing a crime out of a specified list. Some of the items on that list include burglary, arson, and rape.
If you are charged with a capital felony, it usually means the state of Utah is seeking the death penalty on you. In instances where they don’t, then aggravated murder is considered a first-degree felony with a minimum sentencing of 25 years.
If you serve time for a felony conviction, your job options are immediately limited. Many companies will not hire you, especially ones that require a specific security clearance.
On top of that, getting into a decent house can be difficult. Landlords often conduct background checks, and so do banks when approving a mortgage.
We aren’t saying that it’s impossible to get a house or a job, but it does become much more difficult if you have been convicted of a felony. Fortunately, if you stay out of trouble, you may be able to get your record expunged or pardoned.
If you are charged with a felony of any kind, give as little information to the police as you possibly can until you can get an attorney by your side. Police officers and prosecutors have their tactics of making you trip up and say the wrong thing.
A good attorney understands your rights and will help you know what you should and shouldn’t say to authorities. Not only that, if you decide to take the case to trial, your attorney will present evidence that puts you in a good light in front of a jury.
If you’re looking for a good lawyer who specializes in felonies, you’ll never go wrong with either Michael Holje or Ann Taliaferro at Brown, Bradshaw & Moffat. They are both experienced lawyers who will work hard to get you the best outcome possible.
Get in touch with them today. Call (801) 532-5297 for a free consultation.
