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What is the maximum penalty for a second-degree felony?

October 31, 2022 By stephenh


Utah law provides a minimum prison term of one year and a maximum of 15 years for most second-degree felony convictions. The Board of Pardons and Parole ultimately determines how much of that prison term is served. In most cases, the judge has the option of suspending the prison term and placing the person instead on probation. Felony probation can also include up to a maximum of one year in jail as a condition of probation.

Examples of Second-Degree Felonies in Utah

Property Crimes

  • Theft (property valued $5,000 or more);
  • Theft (property is a vehicle or firearm, regardless of value);
  • Robbery (regardless of value, and no weapon involved);
  • Burglary (residential);
  • Communications Fraud ($5,000 or more).

Crimes Against a Person / Violent Crimes

  • Aggravated Assault (with “serious bodily injury”);
  • Manslaughter;
  • Forcible Sexual Abuse (not rising to the level of rape);
  • Aggravated Child Abuse.

Drug Crimes

  • Distribution of a Controlled Substance (schedule 1 or schedule 2 drugs);
  • Manufacturing a Controlled Substance (“clan lab” charges).


Filed Under: Utah FAQ

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