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Utah Criminal Defense Lawyer - Repeat Offenders

If you are facing criminal charges in Utah as a repeat offender, a prosecuting attorney may pursue your case more aggressively and a judge may impose a harsher sentence if you are convicted. In addition to having an attorney who can aggressively assert the legal or factual defenses in your case, your attorney should also be able to help guide you through certain steps you can take that may help convince a prosecuting attorney that you deserve a break or convince a judge to be lenient. As an experienced Utah criminal defense attorney based in Salt Lake City, Stephen Howard has repeatedly defended clients with lengthy criminal histories and achieved positive outcomes. Contact us today to arrange an initial consultation.

Enhancements for Repeat Offenders in Utah

Some criminal charges in Utah contain enhancements for repeat offenders. These enhancements can include increased mandatory sentencing provisions, or may increase the actual level of the offense.

Even where there is no formal statutory enhancement to the level of a crime or the minimum sentence for a conviction, Utah prosecutors and judges will consider a person's prior criminal criminal record in determining how aggressively to prosecute the case or in making a sentencing order. Pre-sentence reports prepared by Adult Probation and Parole (AP&P) will normally contain information for the judge and prosecutor regarding a defendant's prior criminal record - both adult records and juvenile records. The Utah sentencing guideline matrix system also takes into consideration a defendant's prior criminal history in classifying the defendant for sentencing recommendations.

Three Strikes Laws in Utah?

Utah does not have a formal "three strikes" law such as what was enacted in California in the 1990's. But there are various crimes under the Utah Code that provide for enhanced penalties for repeat offenders. Here are some examples:

DUI - A first DUI offense in Utah is normally charged as a class B misdemeanor. But a third DUI charge within a 10-year period can be filed as a felony with potential prison.

Theft / Retail Theft - The severity of most Utah theft charges is based on the value of the item(s) taken. A theft of property valued at less than $500 is normally a class B misdemeanor. But for a person with two prior convictions for theft, robbery, burglary with the intent to commit a theft, or certain other related charges becomes an automatic felony charge regardless of value.

Domestic Violence - Criminal charges for domestic violence can be enhanced based on prior convictions. Under Utah law, a prior "conviction" for DV enhancement purposes can even include a dismissed plea in abeyance (PIA) case. Utah domestic violence charges that can be enhanced or used as a basis for enhancement can include assault, violation of a protective order, criminal mischief, stalking, harassment, and a variety of other criminal offenses classified as "domestic violence" under Utah law.

Choosing the Right Utah Criminal Defense Attorney in Salt Lake

Facing criminal charges is always a serious matter. If you have a prior criminal record, it is even more important to have an experienced advocate on your side. Stephen Howard has defended clients in thousands of serious felony and misdemeanor cases, and has repeatedly and successfully defended clients with extensive criminal histories. No attorney can guarantee the outcome for your case. But having an experienced criminal lawyer on your side can substantially improve your chances of success.

Contact us today to schedule an initial consultation.


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  • Selected Victories
  • Criminal Defense AttorneyDismissed - Charges of insurance fraud were brought when investigators found reason to believe that client's claim of injury was fraudulent. Client was seen kicking a soccer ball, and investigators concluded that the injury claim was false. By obtaining medical records and other administrative records, and by pointing out to the prosecutor that the alleged injury interferred with the client's ability to lift - not his ability to kick a ball - the prosecutor agreed to dismiss the case.
  • Drug Crimes Defense Attorney Utah Dismissed - Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges.
  • Utah Probation Attorney Released - Client absconded for more than 10 years from felony probation with Adult Probation and Parole. At an order to show cause hearing, prosecutor argued aggressively for prison. Based on effective mitigation efforts by the defense, the judge agreed to release client without further jail.
  • Violent Crimes Assalt Defense UtahDismissed at Preliminary Hearing - Client charged with aggravated robbery and facing life in prison. Full case analysis and consultation with client allowed the development of a strong defense strategy. Effective cross-examination of the alleged victim at the preliminary hearing resulted in an outright dismissal of all charges by the judge.
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  • Utah Statewide Warrant Search How do I find out if I have an outstanding warrant? - If you believe you may have an outstanding arrest warrant in Utah, a criminal defense attorney can access the Utah statewide warrant system and help you find the best. . . .
Best Utah Criminal Defense Strategy

Successfully defending against criminal prosecution requires more than just an 'aggressive' defense. The best defense attorneys understand that a sophisticated defense requires a thorough understanding of a variety of nuanced legal issues, real experience in the courtroom, good negotiation skills, and much more. Fighting hard is good. Fighting smart is better....

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Salt Lake Criminal Defense Attorney Profile Utah

Finding the right criminal defense lawyer for you Utah criminal case will be one of the most important decision you make. Before hiring any lawyer, there are a number of important factors to consider. The person you select as your criminal defense attorney will be responsible to defend your case and protect your rights....

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Conviction Consequences - Utah Criminal Defense

Even a "minor" misdemeanor carries the potential for jail time and significant fines. The direct penalties and collateral consequences of a felony conviction are even more severe. Understanding these consequences is critical as you make decisions relating to your case. Even in a misdemeanor case, you should not....

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Utah Criminal Defense Attorney - Hope

Facing criminal prosecution in Utah can feel like your world is collapsing. But there are reasons to remain hopeful, and there are things you can do right now that can help increase the odds of a successful outcome. An experienced criminal defense attorney can help you evaluate the various options you have, and can help you....

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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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