Saturday, March 19, 2016

What are the maximum penalties for a Class A misdemeanor in Utah?

In Utah, there are 3 classes of misdemeanor crimes.

Class A

Class B

and

Class C.

I'll address a Class A Misdemanor here first, then Class B in another post and lastly Class C in an later post.

"CLASS A"

A "Class A" misdemeanor crime is the most severe or the highest or "worst" criminal offense in the misdemeanor category.  Class A misdemeanors are tried in District Court or a court of general jurisdiction in Utah.  There is NO prison sentence that can be given for a guilty plea or guilty verdict in a Class A misdemeanor case.  However, there IS the possibility of a county jail term.

Some Class A misdemeanors crimes in Utah include "criminal mischief"; DUI when someone what harmed; Negligent Homicide; Theft; Possession of less than 16 oz of Marijuana; assault on a police officer; or an "attempt" crime.  An "attempt crime" is one where you attempt to commit a felony crime but you didn't actually commit the crime.  You just "attempted" to do it.

So the Maximum possible jail time on a Class A misdemeanor is one year in jail.  That is the maximum.  If found guilty or plead guilty or "no contest" you could get less.  I've personally seen cases where individuals on a guilty plea on a Class A has received no jail time.  Just because you could get that, doesn't mean you will.  The judge will look at all of the factors in making the determination.
 
Now, the maximum fine is $2,500.00.  Now that is the fine portion.  The court can add on what I call "junk fees" which are like public defender re-coupment fees and other costs that are not part of the "fine" -- so it could be more.  Additionally, depending on if there was a victim or damage done to property or money lost to the victim, the court can order restitution, which means you have to pay money to the court that will be ultimately given to the victim in the case.

That's the worse case scenario.  But like I said, many times it is less.

I hope this information was helpful to you.

Best,

James R. Balmforth, Esq.
801-676-7308


2 comments:

  1. Hi Jim - I'm glad you emailed me wanting a review on AVVO.COM and GOOGLE -- I'm happy to give you a 5 star review because you've been a 10+ star attorney. I can't thank you enough for all you've done for me. Cheers!

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