The experienced criminal defense attorneys at Brown, Bradshaw & Moffat, LLP, can help you discuss your pending charges and the potential penalties. After an allegation of a sexually motivated offense, don't make any statements to law enforcement until you have retained a lawyer to represent you.
Call (801) 532-5297 today to discuss your case with an attorney experienced in defending sex crimes.
Grievous sexual offenses are used in the calculation and consideration of enhanced penalties. If during the course of the trial, the trier of fact finds that the defendant has a prior conviction for a grievous sexual offense, the penalty may be life without the possibility of parole.
Utah law has defined numerous grievous sexual offenses, which include the following and more:
Any felony conviction for an attempt to commit one of the above or an offense committed in another state, territory, or district of the U.S. that if committed in Utah would also constitute an offense described above.
The law instructs the court to order 15 years to life for certain crimes. However, if the court finds that it is in the best interest of justice, and documents on the record the justification, the sentence can be reduced to 10 years to life or 6 years to life. The offenses to which these provisions apply are as follows:
The following sexual offenses are first-degree felonies and carry a five years to life sentence:
However, if the trier of fact finds that during the course of the commission of the crime the defendant caused serious bodily injury to another (not necessarily the victim), the court may sentence the defendant to a term of 15 years to life.
Additionally, if the court finds that it is in the interest of justice and states the reasons for this finding on the record, the court may reduce the sentence to 10 years to life or 6 years to life.
If the current conviction is for one or more of the following three sex offenses that qualify as “Jessica’s Law,” the required mandatory sentence is imprisonment of 25 years to life without the possibility of the court suspending or reducing the sentence in consideration of mitigating circumstances:
If it is a first time offense for the defendant, the defendant was younger than 21 years old at the time of the offense, and the court finds that a lesser term than the more severe term is in the interests of justice under the facts and circumstances of the case, including the age of the victim, and if the court states the reasons for this finding on the record, the court may impose one of three lesser terms of imprisonment:
A conviction for an attempt to commit or solicitation to commit any of the Jessica’s Law offenses is punishable as a first-degree felony with a minimum sentence of 15 years to life. If the court finds that a lesser sentence is in the interests of justice, and states the reasons for this finding on the record, it may reduce the sentence to 10 years to life, six years to life, or three years to life.
If you are under investigation for a sexually motivated offense such as forcible sexual abuse, unlawful sexual conduct with a minor, rape, sexual abuse of a minor, or any other sex crime, contact an experienced criminal defense lawyer at Brown, Bradshaw & Moffat.
With offices conveniently located in Salt Lake City, we are ready to meet with you to discuss your case. Find out what you need to do right now to protect your rights.
Call today for a free consultation at (801) 532-5297.
