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UTAH CRIMINAL LAW

Utah's criminal law system is codified in a series of statutes outlining criminal behavior and criminal trial procedure for those arrested. Utah's criminal code is detailed, and can be difficult to read with a though understanding. The following paragraphs provide a simplified understanding of key topics in Utah criminal law. As the law is complex and relies on the facts of each particular case, anyone arrested for a crime in Utah should consult a Utah criminal defense attorney for assistance.

Drug Possession In Utah

Utah's drug laws penalize the unlawful possession, possession with intent to distribute, and distribution of marijuana and narcotics such as a cocaine, heroin, or meth. The penalties for Utah's drug crimes vary depending on the type of drug, the quantity of drug possessed, and the intent of the defendant at the time of arrest.

  • Marijuana Offenses in Utah are typically less severe than offenses for possession of narcotics. Possession of marijuana under one pound is a misdemeanor punishable by up to 1 year in jail and a $2,500 fine. Possession over 1 pound can result in a sentence of 5-15 years and a fine up to $10,000 depending on the quantity. Sale of any amount of marijuana is a felony punishable by up to 5 years in jail and a $5,000 fine.
  • Narcotics Offenses in Utah are charged when a defendant is found with drugs such as cocaine, heroin, or meth and are typically more serious charges. Possession of narcotics in any amount is a felony punishable by up to 5 years in jail and a $5,000 fine. Sale of any quantity of narcotics is a felony punishable by up to 15 years in prison and a fine up to $10,000.

Utah's drug enforcement laws are strict and can lead to lengthy jail sentences for drug offenders who are convicted. If facing a drug charge in Utah, contact a Utah criminal defense attorney immediately.

Assault In Utah

Utah assault charges can arise when someone:

  • attempts to injure another
  • threatens and shows force that indicates imminent bodily injury to another or
  • causes bodily injury to another.

A simple assault under this definition is a misdemeanor punishable by up to 6 months in jail and a $1,000 fine. If the attacker causes substantial bodily injury or assaults a pregnant woman the offense is a misdemeanor punishable by up to 1 year in jail and a $2,500 fine.

Aggravated assault in Utah is a felony punishable by up to 5 years in prison and a $5,000 fine. Utah recognizes the crime of aggravated assault under the following circumstances:

  • assault with a dangerous weapon
  • assault with force that is likely to produce serious bodily injury

If the attacker actually causes serious bodily injury during the assault, the resulting penalty is a felony punishable by up to 15 years in prison and a $10,000 fine. There are several additional factors that can further increase the punishment for assault, so if arrested you should contact a Utah criminal attorney.

Utah Drunk Driving - DUI

A DUI charge in Utah will likely result in an expensive punishment, and anyone arrested for a Utah DUI should work with a Utah DUI attorney to find the best possible defense. A first time conviction carries a possible jail sentence of 48 hours, community service of 48 hours, or home confinement. Additionally, defendants will have to pay a fine of at least $700 and an assortment of fees and court costs. Finally, the defendant's license could be suspended for 120 days, and the defendant could be forced to participate in alcohol and drug abuse education and treatment classes. A Utah DUI attorney will be able to assist anyone arrested for driving under the influence in Utah.

Trial Date In Utah

Utah defendants are granted a right to a speedy trial to resolve their criminal case. If a defendant is unable to post bale, or not entitled to bale, the trial will begin within 30 days if the court is able to do so. This is typically only possible for trials for minor offenses, as trials for serious offenses will require much longer preparation time, but a Utah defendant is still granted a right to a trial as soon as possible. If a defendant in Utah feels their trial is being unduly delayed, they should contact a Utah criminal attorney for assistance.

Right To A Jury Trial In Utah

A Utah defendant has a right to a jury trial. In the case of minor infractions a local magistrate will hear the case instead of a jury. A defendant may waive their right to a jury trial in any criminal case, choosing instead to have their case tried by a judge. A defendant should consult with a Utah criminal defense attorney with any questions about the right to a jury trial.

Sentence Review and Appeals in Utah

A convicted defendant in Utah has a right to file an appeal of their conviction and sentence to a higher court for review. The defendant may appeal the final verdict or an order made after the verdict that affects the defendant's rights (such as a sentencing order). In order to file a proper appeal a defendant must identify the reason for the appeal and present their argument. A defendant should contact a Utah criminal defense lawyer for assistance in filing an appeal in Utah.

Utah Code

Relevant Utah Criminal Code

  1. Drug Possession in Utah
    1. Utah Code tit. 58, ch. 37, § 58-37-8.
  2. Assault in Utah
    1. Utah Code tit. 76, ch. 5, §§ 76-5-102, 76-5-103.
  3. Utah Drunk Driving - DUI
    1. Utah Code tit. 41, ch. 6a, §§ 41-6a-502, 41-6a-505.
  4. Trial Date in Utah
    1. Utah Code tit. 77, ch. 1, § 77-1-6.
  5. Right to Jury in Utah
    1. Utah Code tit 77, ch. 1, § 77-1-6.
  6. Sentence Review / Appeals in Utah
    1. Utah Code tit. 77, ch. 18a, § 77-18a-1.
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