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With a 402 reduction, how many steps can a conviction be reduced?

December 13, 2022 by stephenh

Under Utah Code 76-3-402, a conviction cannot be reduced by more than two-steps.

Whether you need a one-step or a two-step reduction depends on what you want to accomplish and the level of the original conviction. For example, a third-degree felony requires only a one-step reduction to become a misdemeanor. A second-degree felony requires two steps. A class C misdemeanor requires only a one-step reduction to become an infraction. A class B misdemeanor would have to be reduced by two steps to become an infraction.

The court can grant a one-step reduction if the judge is convinced that the reduction is in the interest of justice – even over an objection from the prosecutor. However, a two-step reduction requires both the prosecutor AND the judge to agree that the reduction should be granted. Utah law prohibits a judge from granting more than just a one-step reduction without the prosecutor’s consent. Under no circumstances can a judge reduce the level of a conviction by more than two steps.

Filed Under: Defense FAQ

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