American Fork Criminal Defense Attorney / American Fork Criminal Defense Lawyer/ Ogden Criminal Defense Attorney/ Ogden Criminal Defense Lawyer/ Salt Lake City Criminal Defense Attorney / Salt Lake City Criminal Defense Lawyer
3. Now that you have plead out on a case or been convicted the questions start
piling up about sentencing. In the State of Utah there are ranges for each crime.
Before you get ahead of yourself, stop for a moment and understand the next
few weeks, months or years may appear to be predetermined according to the
sentencing guidelines. However, there is a range with a maximum and a
minimum sentencing and it varies from case to case.
4. In criminal cases the judge has a very important role. The court hearings have a
procedural code that must be followed. It is the most important part of the
case for the judge to make sure that the procedures, evidence, instructions and
general conduct within the case is appropriate. The judge is also responsible to
hand down the sentence.
5. What do they use to determine the sentencing? The judge will make the
decision on how much time within the range will be served. There are certain
criteria that will help the judge weigh and measure when determining the
sentence.
6. The first part of the sentencing is to understand how the crimes are
catalogued. Utah has lettered misdemeanors and felonies are
categorized with degrees. The lower the number in felonies the more
serious the crime. The same is true with misdemeanors. The table
below will explain the ranges for each class of crime. There is a
difference between prison time and jail time. Generally if the crime
category will have a sentence under a year, the time will be served in
the county jail.
7. Class C Misdemeanor – Disorderly Conduct, Traffic Offenses
Maximum Sentence — 90 days in Jail
Class B Misdemeanor- DUI, Simple Assault
Maximum Sentence — 6 months in Jail
Class A Misdemeanor - DUI (with injury)
Maximum Sentence — 1 year in Jail
Third Degree Felony- Fraud and Forgery
Sentence Range — 0 years – 5 years Prison
Second Degree Felony- Burglery, Kidnapping, Third DUI (in 10 years)
Sentence Range — 1 year – 15 years Prison
First Degree Felony- Rape, Murder, Child Kidnapping
Sentence Range — 5 years – life Prision
8. There is a special commission that is comprised of defense attorneys, legislators,
victims, corrections, doctors, prosecutors and many others. It is called a sentencing
commission. The judge in the case will most likely refer to the Sentencing
Commission Guidelines, they are not required to follow them. Judges are encouraged
to sentence by using both the guidelines and the factors that we previously discussed.
9. In some cases the offender has two options in sentencing. They can choose to be
sentenced the same day of the plea or conviction or wait 2-45 days after they have
plead or been convicted.
In more serious cases the sentencing hearing can be more in-depth and the
American Fork Criminal Defense Attorney or Ogden Criminal Defense Attorney
will provide mitigating factors in defense of the offender. The prosecutor will offer
aggravating factors in the form of evidence. It is a rare occurrence to have the
death penalty used in the State of Utah.
10. Sentencing is an emotional experience for most people. If you or someone that
you love is in need of some free advice or a consultation. Call us today.
11.
12. Contact Us Today:
OGDEN OFFICE
298 24TH ST #205
OGDEN UT
84401
P: 801.436.5757
AMERICAN FORK OFFICE
76 N. MERCHANT ST.
AMERICAN FORK, UT
84003
P: 801.641.2933
www.stevensgailey.com