Utah’s Habitual Violent Offender Law

Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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In Utah, a person who is considered a habitual violent offender can be found guilty of a crime and be penalized as if the crime were greater than what would normally be charged.

Who May be a Habitual Violent Offender?

Under Utah law, a habitual violent offender is someone who has been convicted of a violent felony within Utah and who has been previously convicted of at least two violent felonies in the state. That individual also must have been sentenced to a Utah or other United States prison.

What is Considered a Violent Felony?

A violent felony is committing, attempting to commit, soliciting or conspiring to commit any one of a number of felonies. Some of the felonies include:

• Aggravated arson
• Stalking
• Child abuse
• Kidnapping
• Rape
• Robbery
• Theft by extortion
• Witness tampering

There is a much more extensive list of potential violent felonies in the Utah Code.

When a person is convicted of a violent felony and the judge or jury (depending on the case) finds beyond a reasonable doubt that the person is habitual violent offender, the penalties are as follows:

• A third-degree or second degree felony is treated as if it were a first-degree felony
• A first-degree felony stays the same, except:
• The person is not eligible for parole and
• The Board of Pardons and Parole has to take into consideration the fact that the person is a habitual violent offender when they consider how long he’ll spend in prison

This section of the Code does not apply to situations where a person would receive a lesser penalty if this section is used as opposed to the normal law he would be charged under.

Don’t Wait to Hire a Utah Criminal Defense Attorney

If you are being charged as a habitual violent offender, you need immediate legal representation. Contact a top Utah criminal defense attorney as soon as possible. An experienced attorney will make sure that your case is handled with discretion and dignity.

Related posts:

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  2. Registered Sex Offender and Lewdness in Utah
  3. What is the difference between probation and parole in Utah?
  4. Utah Felony
  5. Utah Legislature Plans to Amend the Voting Rights Statute: Utahns Convicted of Certain Misdemeanors May Lose Right to Vote

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