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.

What is the penalty for a third-degree felony?
The maximum penalty for a third-degree felony in Utah is a prison term of up to five years and a fine of up to $5,000 plus a surcharge of 90%. In most cases, the court has discretion to suspend the prison sentence and place a person on probation. If placed on felony probation, the judge can still impose up to a year in jail as a "condition" of probation.
Can a victim waive the no-contact provisions of a jail release agreement?
A person arrested for a domestic violence charge in Utah is often subject to certain restrictions imposed under a jail release agreement. The victim is allowed, circumstances, to waive the contact and communication provisions of the release agreement before the criminal case has been presented to a judge. The waiver must be in writing and must comply with various statutory requirements to be effective. Consultation with an attorney is strongly advised before attempting to execute a waiver.
Is a preliminary hearing required in misdemeanor cases?
A preliminary hearing ("preliminary examination" under the Utah State Constitution) is an opportunity for the court to determine whether the prosecution has enough evidence to justify moving the case forward to trial. If the court finds that the evidence establishes probable cause to believe that a charged crime has occurred and that the defendant is the person who committed the crime, the judge (acting as magistrate) will enter a "bindover" order requiring further proceedings moving toward trial. A preliminary hearing ("examination") or a waiver by both parties is required in all felony cases, and also in any class A misdemeanor…
What is an arraignment hearing?
In a misdemeanor criminal case, the arraignment hearing is the first court hearing held. The judge will read the formal charges and ask the defendant to enter a plea of guilty or not guilty. The judge may also ask the defendant if an attorney has been hired, if a public defender is being requested, or if the defendant intends to represent himself.
When is it too late for a prosecutor to change the charges in a criminal case?
Constitutional due process and double jeopardy protections affect the question of when a prosecutor can file new or different charges in a criminal case. Utah's Rule 4(d) of the Rules of Criminal Procedure provides that a prosecutor can file an amended information with new, additional, or different charges any time prior to the beginning of a criminal trial, "so long as the substantial rights of the defendant are not prejudiced." Jeopardy is considered to "attach" to a case once a jury is empaneled or, in a bench trial, when the first witness is called and sworn. In order to comply…

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

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