Utah Code 76-3-205 - Infraction Convictions
Penalties for an Infraction Conviction in Utah
Most criminal offenses in Utah are designated either as felonies
. A criminal offense for which no designation is given will
usually be treated as a class B misdemeanor. But there are some
offenses which are specifically designated as infractions.
The penalty for an infraction is limited by Utah Code 76-3-205. This
section of the Utah criminal code provides that a "person convicted of
an infraction may not be imprisoned." Instead, this statute provides
that a person convicted of an infraction in Utah can be subjected to "a
fine, forfeiture, and disqualification," or any combination of said
Utah Code 76-3-205 provides that a fine for an infraction conviction is
the same as the potential fine for a class C misdemeanor. As of
January, 2015, this fine could be up to $750 plus a 35% surcharge (for
a total maximum of $1,012.50).
you are facing any criminal charge, regardless of the level of the
offense, it is important to consult with an experienced criminal
defense attorney to ensure that you understand your rights and the
potential consequences you may face. Contact
us now to arrange for an initial confidential consultation with Utah criminal defense attorney
How are fines for an infraction enforced?
Fines imposed for an infraction conviction are enforced using the
court's contempt power. While a jail term cannot be imposed as a part
of the original sentence on an infraction, the court may impose jail
time as a sanction if a person is found in contempt of court for
failing to pay the fine imposed for the infraction conviction.
Can I be placed on probation for an infraction?
A court imposing sentence for an infraction has the discretion to
impose the full fine, or to suspend a portion of the fine. If a part of
the fine is suspended for an infraction, a judge may impose conditions
Some judges may view a violation of the terms of probation for an
infraction as grounds simply to impose the remainder of the suspended
fine. Other judges may view the violation as a basis for a contempt
finding and try to impose a jail sentence as a sanction. If you are
facing an order to show cause for a probation violation
, it is wise to
seek the assistance of an experienced
criminal defense attorney.
Is an infraction considered a criminal charge in Utah?
Yes, and no. But mostly yes. An infraction does not carry a potential
jail or prison sentence. So many people do not view an infraction as a
"criminal" charge. But if an infraction charge is based on a violation
of the Utah criminal code, it is likely to be viewed as a criminal
charge. An infraction conviction may also show up on an official Utah
criminal history report.
Some prosecutors will reduce the level of a misdemeanor charge to the
infraction level, for the purpose of eliminating the right to a trial
. The trial will instead be a "bench" trial
, where the judge
acts as the fact finder. Using this technique, charges ranging from
can become infraction convictions on a
person's criminal record.
Do infraction convictions count against me for expungement
Although an infraction may be considered a criminal conviction, it does
not count against you for purposes of determining expungement
. While there are limits to the number of felony or
misdemeanor charges that can be expunged, an unlimited number of
infractions should be expungeable under Utah law.
For some individuals a 402 reduction
(reducing the level of a prior
conviction) can be useful in restoring expungement eligibility. For
example, a person with three class B misdemeanors and three class C
misdemeanors (arising from separate criminal episodes) would not be
eligible for expungement. However, if the class C misdemeanors were each
reduced by one step to the infraction level, expungement eligibility
would be restored.
Finding a Utah Criminal Defense Attorney in Salt Lake City
you have been charged with a crime in Utah, the assistance of an
defense lawyer can be vital to achieving the best results for your
case. Based in Salt Lake City, Stephen Howard has successfully
clients' rights in cases ranging from murder to shoplifting,
and virtually everything in between.Mr. Howard provides legal services
to clients throughout Utah.
today for an initial consultation with Utah criminal attorney
RELATED CRIMINAL CODE SECTIONS