Posts Tagged ‘Class A misdemeanor’

What are the punishments for different crimes in Utah?

Sep
23
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Crimes, Utah Law
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Like other states, Utah has chosen to make broad categories of punishments and assign crimes to fall under those categories.  The two large categories are felony and misdemeanor.  Like the names sound, felony is more serious than a misdemeanor.  Here is a quick breakdown of the punishments in Utah.

Felonies

  • Capital Felony: punishable by death, life in prison without possibility of parole, or prison term of 20 years to life
  • First Degree Felony: minimum prison term of 5 years and maximum prison term of life.  Fine up to $10,000.  (Note that the minimum term varies and could be 3, 5, 6, 10, or 15 years depending on the crime).
  • Second Degree Felony: minimum prison term of 1 year and maximum prison term of 15 years.  Fine up to $10,000.
  • Third Degree Felony: minimum prison term of 0 years and maximum prison term of 5 years.  Fine up to $5,000.

Misdemeanor

  • Class A misdemeanors: up to 1 year in jail.  Fine up to $2,500.
  • Class B misdemeanors: up to 6 months in jail.  Fine up to $1,000.
  • Class C misdemeanors: up to 90 days in jail.  Fine up to $750.

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What are the Potential Penalties in Utah for Misdemeanor Offenses?

Mar
26
Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Utah Legal Definition
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A misdemeanor offense is any crime that has a potential jail sentence of one year or less.

Misdemeanors are also broken down into three classes. The most serious is a Class “A” misdemeanor, followed by Class “B” and Class “C”. There is also a class of crimes referred to as infractions which is least serious of all offenses.

The maximum penalties for misdemeanors and infractions in the State of Utah are as follows:

A Class “A” misdemeanor carries a sentence of up to one year in the county jail plus a $2,500 fine.

A Class “B” misdemeanor carries a maximum sentence of up to one hundred and eighty days in the county jail plus a $1,500 fine.

A Class “C” misdemeanor carries a maximum sentence of up to ninety days in the county jail plus a $750 fine.

An Infraction carries a maximum sentence of a $750 fine.

Remember if convicted, you may also be ordered to pay restitution and depending on which court you have been charged in, an additional 95% surcharge may be added to your fine.

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Utah Legal Definition: Assault

Oct
22
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Utah Legal Definition
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Assault in Utah is attempting to do injure to another person, making a threat to another person and immediately showing that you can back up your threat (usually showing a weapon),  or actually injuring  another person.  This statute is broad so that it can encompass almost anytime a person tries to injure another person.  Simple assault is a Class B misdemeanor.  It can become a Class A Misdemeanor if the victim is actually injured or the victim is pregnant.

An simple assault becomes an aggravated assault in Utah if the person intentionally causes injury or uses a dangerous weapon.

Utah Code § 76-5-102: Assault
(1) Assault is: (a) an attempt, with unlawful force or violence, to do bodily injury to another; (b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

Utah Code § 76-5-103: Aggravated assault
(1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he: (a) intentionally causes serious bodily injury to another; or (b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon … or other means or force likely to produce death or serious bodily injury.

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Lying to a Utah Cop

Sep
28
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Dealing with Police
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If a Utah cop wants to ask you questions, remember that you can always refuse to answer questions.  If you do choose to talk to a cop, or the cop says that you have to speak with him because you are detained, there are a two things you cannot do.

You cannot lie to the cop about yourself.  It is a Class C misdemeanor if you give the police officer a false name, false birthdate, or false address.  If the cop asks about any of those, you should truthfully answer to protect yourself from being charged with giving false information to a peace officer.  It is a Class A misdemeanor if you represent yourself as another person to a police officer when he asks about your identity.  If you give the cop someone else’s name, birthday, or address, you can be charged with a more serious crime.

You cannot fail to disclose your identity.  It is a class B misdemeanor to refuse to give a cop your name if he demands it.  Remember, the time to fight a charge is in court, not during your police stop.

If you have been charged with giving false information to a peace officer or failure to disclose identity, contact an experienced Utah criminal attorney who can help defend you against this charge.

See Utah Code § 76-8-507 & 76-8-301.5

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