Navigating Possible Penalties for a  Criminal Conviction in Utah

If you find yourself in the unfortunate situation of being arrested, two of the biggest questions on your mind are likely “How will I be penalized if I’m convicted?” and “How do I reduce the severity of that penalty?”

While there is no way to predict the penalty a judge chooses, there are facts you should know about the process that will give you a better idea. But first, it’s important to understand how the penalty structure in Utah will affect your sentencing.

Utah’s Criminal Penalty Structure

Each state has its own structure for determining criminal sentencing and penalties. If you have been arrested for a crime in Utah, you should learn everything you can about the potential penalties.

In Utah, criminal convictions have certain statutory maximum provisions depending on the offense.

What is a statutory maximum provision?

In this instance, statutory means required by statute (or law), so a statutory maximum is the maximum level of punishment a person can receive based on the laws (statutes) surrounding any particular offense.

In addition to statutory maximums, some crimes also carry a minimum mandatory provision, meaning a judge cannot legally give a sentence with a punishment that is less than the mandatory minimum.

Consider this example. If the mandatory minimum for Crime X is a $1,000 fine and the statutory maximum is one year of jail time, the judge has the ability to decide on a sentence between those two ends. This is a simple example to show you how the process works, but in reality, sentences can be much more complex. Sentences from a judge can include the following:


  • Restitution
  • Community service
  • A fine
  • Probation
  • Incarceration in a county jail or state prison
  • A combination of any of these penalties

How Judges Decide Your Sentence

Let’s continue with our simple example above. Because there is a big difference between a $1,000 fine and a year of jail time, judges must consider a number of factors to determine what sentence to give.

In Utah, judges use the Adult Sentencing & Release Guidelines, a document that is updated every year according to the most current laws and guidelines. The 2020 edition is 71 pages long and is full of detailed technical and legal information specifically for judges. If you don’t want to read through it (we don’t blame you), we have listed a few things below to help you learn more about what a judge might consider in deciding if your punishment should be closer to the minimum or the maximum.

What Can Make My Punishment Less Severe?

Your punishment may be less severe if there are certain mitigating (reducing) factors present. These can include the following:

• You have developmental disabilities


• You are a good candidate for a treatment program

• You were exceptionally cooperative with law enforcement

What Can Make My Punishment More Severe?

Your punishment may be more severe if there are certain aggravating (increasing) factors present. These can include the following:

• The victim was unusually vulnerable

• You were in a position of authority over the victim

• The offense was extremely cruel or depraved

• The victim suffered substantial bodily injury

• You are determined to be a habitual offender

• You are determined to have committed a hate crime

• You committed the crime in the presence of a child

• You used a dangerous weapon on or near a school

• You committed the crime with two or more other people

• The offense was committed while in prison

What Else Can I Do to Reduce My Punishment?

While you may not be able to change the presence of mitigating or aggravating factors, choosing an experienced criminal defense lawyer to represent you is the best way to protect your rights and get the fairest sentence. The defense team at Brown, Bradshaw, and Moffat can help you fight your charges and navigate the conviction and sentencing laws in Utah.

Call (801) 532-5297 to schedule a free consultation and discuss your case today.


More Articles

How to See What’s on Your Background Check in Utah
Whether you are applying for a job, a volunteer opportunity, a place to live, or even to adopt a child, you may be requested to share your criminal history. This can be scary if the crimes of your past no longer define who you are today. It’s natural to worry what might still be on your criminal history and how the person requesting it might interpret the information. Below are some questions you may have if you need to provide a criminal background check and what to do if you need help challenging the results or expunging your record.
Read More →
What You Need To Know About Sexual Assault In Utah
Trigger Warning Here is what you need to know about sexual assault in Utah. Before you read this, please be aware that it is a sensitive topic. If discussions about sexual assault are triggering for you, it might be a good idea to skip this post..
Read More →
law office in Utah
Violation of Probation: Defend Against Allegations with an Experienced Lawyer
When you’re on probation, the last thing you want to do is take a step backward instead of forward, which is exactly what can happen if you violate your probation. To be charged with a violation of probation (VOP), your probation officer has to file an affidavit describing how you violated your probation. An affidavit is a written statement under oath that can be used as evidence in court. If you know or suspect your probation officer is planning to submit or has already submitted, an affidavit, a criminal defense lawyer may be able to help you come into compliance with the outstanding terms or help you work on a good defense.
Read More →

Defend your case with the best criminal defense attorneys in Utah

Get a confidential case evaluation

Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.​ The use of this form for communication with our personnel does not establish an attorney-client relationship.