What are the penalties for a felony in Utah?

Felony penalties in Utah range from 0–5 years for the lowest class to life imprisonment for the most serious [§ 76-3-203, 76-3-206]. Fines, [def:probation], [def:restitution], and collateral consequences (employment, housing, civil rights) are additional.

Should I talk to the police before getting a lawyer?

No. You have the constitutional right to remain silent and to have an attorney present during questioning. Anything you say can and will be used against you. Politely invoke your rights: 'I am exercising my right to remain silent and I want to speak with an attorney.'

Does Utah have a speedy trial requirement?

Yes. Utah requires trial within 120 days under certain conditions [§ 77-29-1]. 120 days from filing of information/indictment or filing of disposition request by incarcerated defendant. Excludes continuances by defendant. Failure results in dismissal with prejudice.

What is the difference between a misdemeanor and a felony?

Felonies are more serious offenses carrying potential state prison time (over 1 year) [§ 76-3-203, 76-3-206]. Misdemeanors carry county jail time (up to 1 year) [§ 76-3-204]. Felony convictions also carry greater collateral consequences — loss of voting rights, firearm restrictions, professional licensing barriers, and immigration consequences.

OverviewUpdated 2026-02-27

Utah Criminal Defense Guide — Charges & Process

Q: Can I get my criminal record expunged in Utah?

Yes, for eligible offenses [§ 77-40a-101 et seq.]. Waiting periods: Varies: misdemeanors 3–5 years; felonies 5–7 years; drug possession may be eligible immediately under Clean Slate Act. Utah passed automatic expungement (Clean Slate, HB 431, 2019) for eligible drug possession and certain misdemeanors. BCI processes automatic expungements.

Charges, classifications, your rights, and the criminal process — what to know when facing criminal charges in Utah.

Jump to:

Drug Charges — Penalties & Defenses Assault & Domestic Violence Charges Theft & Property Crime — Charges & Penalties The Utah Criminal Process — Step by Step Your Rights in an Utah Criminal Case Expungement — How to Clear Your Record

From Arrest to Resolution

A criminal case moves through a series of stages — from arrest through resolution — and the decisions you make at each stage directly affect the outcome. The process may feel overwhelming, but it follows a predictable sequence. Understanding that sequence, and knowing where your rights apply, is the first step toward an effective defense. Below is the general path a criminal case follows, with the critical decision points that shape what happens next.

🚨

Arrest

rights attach here

🔒

Bail / Bond

release or detention

📜

Arraignment

charges & plea

🔍

Pretrial

motions & discovery

⚖️

Trial or Plea

negotiate or defend

🏛️

Sentencing

penalties determined

High-level illustration only. Every case is unique. Rights, procedures, and timelines vary by jurisdiction.

How Utah classifies criminal offenses §76-3-203; §76-3-206

Utah divides criminal offenses into felonies and misdemeanors. The classification determines the maximum and minimum penalties a court may impose.

Felony classifications

Class Capital felony: varies to life - Class 1st degree felony: 5 years to life, up to $10,000 fine - Class 2nd degree felony: 1–15 years, up to $10,000 fine - Class 3rd degree felony: 0–5 years, up to $5,000 fine

Misdemeanor classifications §76-3-204

Class A misdemeanor: up to 12 months, $2,500 fine - Class B misdemeanor: up to 6 months, $1,000 fine - Class C misdemeanor: up to 3 months, $750 fine

✓The classification of an offense determines not just the potential jail or prison time, but also fines §76-3-301, Probation length, and long-term consequences like employment restrictions and loss of civil rights.

Felony vs. Misdemeanor comparison

	Misdemeanor	Felony
Severity	Less serious offenses	More serious offenses
Incarceration	County jail (up to 1 year) §76-3-204	State prison (1 year or more) §76-3-203; §76-3-206
Examples	Simple assault, petty theft, disorderly conduct	Aggravated assault, robbery, drug trafficking
Jury trial	8-member jury	8-member jury
Voting rights	Retained	Lost until restored
Firearm rights	Retained	Permanently prohibited §18 U.S.C. § 922
Employment impact	Moderate — visible on background checks	Severe — bars certain professions
Expungement	More offenses eligible §77-40a-101 et seq.	Fewer offenses eligible §77-40a-101 et seq.

The criminal process: arrest through resolution

Arrest

Law enforcement may arrest with or without a warrant §77-7-2. You have the right to remain silent and the right to an attorney from this point forward.

Bail and pretrial release

Utah Constitution Art. I, § 8 guarantees right to bail for all persons except capital offenses. Cash bail reform pending. Pretrial release assessment available. §77-20-1

Arraignment

The court formally presents charges, and the defendant enters a plea. Nolo contendere (no contest) pleas are permitted.

Pretrial motions

The defense may file motions to suppress evidence, dismiss charges, or challenge procedures. This stage can determine the outcome of the case.

Trial or plea

Most criminal cases resolve through plea negotiations. If the case goes to trial, the state must prove guilt beyond a reasonable doubt to a 8-member jury that must reach a unanimous verdict.

Sentencing

If convicted, the judge imposes a sentence within the statutory range for the offense classification. Sentencing may include incarceration, Probation §77-18-1, fines, Restitution, and community service.

Your rights in a criminal case

Every person accused of a crime in Utah has constitutional protections:

Right to remain silent — You cannot be compelled to testify against yourself §U.S. Const. amend. V
Right to an attorney — If you cannot afford one, one will be appointed §78B-22-201 et seq.. Indigent defense in Utah is provided through county-level systems under the state Indigent Defense Act rather than a single statewide public defender office; how counsel is assigned varies by county — confirm with a lawyer.
Right to a speedy trial — Utah provides a specific speedy trial deadline: 120 days §77-29-1. 120 days from filing of information/indictment or filing of disposition request by incarcerated defendant. Excludes continuances by defendant. Failure results in dismissal with prejudice.
Presumption of innocence — The prosecution bears the entire burden of proof. You do not have to prove anything.
Right to confront witnesses — You may cross-examine every witness the state calls against you

After a conviction: what comes next

Probation in Utah: Generally 36 months (misdemeanor) to 36 months (felony); Class A misdemeanor may be up to 36 months §77-18-1.

⚠Utah has a habitual offender law §76-3-203.5. Under Utah's habitual violent offender law, a person found to be a habitual violent offender may face a substantially increased sentence for a later violent felony; the specific qualifying priors and sentencing level should be confirmed with a lawyer. Sentencing enhancement provisions of §76-3-407 supersede this section for certain sex offenses.

Clearing your record

Utah does allow certain criminal records to be sealed or expunged §77-40a-101 et seq.. Waiting periods: Varies: misdemeanors 3–5 years; felonies 5–7 years; drug possession may be eligible immediately under Clean Slate Act. Utah passed automatic expungement (Clean Slate, HB 431, 2019) for eligible drug possession and certain misdemeanors. BCI processes automatic expungements.

Common offense categories

Drug offenses

Possession, distribution, and trafficking carry penalties that vary dramatically by substance and amount. Marijuana possession: Class B misdemeanor (under 1 oz, personal use); medical marijuana legal via Proposition 2 (2018).

Assault and domestic violence

Ranges from Misdemeanor simple assault to Felony aggravated assault §76-5-102 et seq.. Domestic violence offenses carry additional consequences including protective orders.

Theft and property crimes

Classification depends on the value of property taken §76-6-404 et seq.. Felony threshold: $1,500 (3rd degree felony for $1,500–$4,999, §76-6-412).

⚠If you have been arrested or charged, your early decisions can affect the outcome. Exercise your right to remain silent §U.S. Const. amend. V and request an attorney §U.S. Const. amend. VI before answering questions.

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