Can a second degree felony be reduced to a misdemeanor after probation in Utah?
Under Utah Code section 76-3-402, a court may reduce the level of a
conviction by up to a maximum of two steps. This kind of
reduction is often referred to as a "
402 reduction" by
Utah criminal defense attorneys.
If you have been convicted of a second degree felony, but
successfully completed probation, you may be able to have the level of
the conviction reduced by up to two steps. This two-step 402
reduction would leave the final conviction as a class A misdemeanor.
As
criminal defense attorneys
in Salt Lake City, we have a successful record of achieving one-step
and two-step 402 reductions for our clients. One-step reductions
are fairly common. But a two-step reduction presents the
additional hurdle of requiring a prosecutor's stipulation before the
court may consider granting the motion.
While a two-step
reduction of a second-degree felony charge may be difficult, the
benefits are well worth the effort. In addition to being able to
shed the "convicted felon" label, having your charges reduced may also
restore you
eligibility for expungement.
To learn more about having your convictions reduced,
contact us today to schedule an initial consultation.
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