Utah Burglary Lawyer
Burglary is an unlawful entry offense that also involves theft, property crimes and is accompanied by assault, lewdness, and lewdness involving a child or voyeurism on another person. Utah code §76-6-202 states that a person commits burglary if he or she unlawfully remains in a building with the intent to commit a felony against another person. If you or a family member has been charged with burglary, you need an affordable, qualified Utah burglary lawyer to protect your rights and your reputation. Contact Wasatch Defense Attorneys today for a free, no-obligation consultation at 801-845-3509.
Degrees of Penalties for Burglary in Utah
The state of Utah defines the offense of burglary into two separate categories, depending on the location of the crimes committed. A defendant will be charged with third degree burglary if the offenses were committed in a commercial building. A burglary occurring in a home or residence is charged as a second-degree burglary. The seriousness of the offense will also be taken into consideration when charges are filed.
- Third-Degree Felony Burglary
The offense of third degree burglary is unlawful entry of a building or business with intent to commit theft, property damage, and violence against another person.
- Second-Degree Felony Burglary
Burglary committed in a residence, including the intent to commit theft, assault and/or sexual assault against another person is considered a second-degree felony in Utah.
Sentencing for a Burglary Conviction
When a defendant is convicted of burglary, the judge or jury then considers sentencing parameters for the individual crimes that were committed during the burglary. A number of things are taken into consideration, including:
- If violence against another person was involved.
- The severity of the crimes committed during the burglary.
- The value of the stolen property.
- The defendant’s previous criminal history.
Penalties for third-degree felony burglary in Utah may result in fines of up to $5,000 and a maximum of 5 years in prison. Second-degree felony burglary is punishable by fines of up to $10,000 and a maximum of 15 years in prison. When violence is involved, the judge or jury will often order the maximum punishment allowed by law.
Helpful Legal Terms and Definitions
- Defendant – Someone who has been charged with a crime.
- Felony – When a crime is committed with the use of violence or theft.
- Intent – Determination to commit an act on purpose.
- Misdemeanor – A misdemeanor is more serious than an infraction of the law but is less serious than a felony.
- Assault – Inflicting physical harm upon another person.
- Lewdness – The act of being sexual in an offensive manner.
- Lewdness Involving a Child – The act of being sexually offensive in the presence of a child, or directing sexually offensive acts towards a child.
- Voyeurism – Secretly observing individuals undressed or undressing to obtain sexual gratification.
Choose a Qualified Criminal Defense Attorney
If you have been charged with burglary in Utah, it is important to contact a qualified, experienced criminal defense attorney to help you understand your legal rights and ensure the best possible outcome. Wasatch Defense Lawyers have a proven track record and will utilize every resource available to prepare your legal defense. We believe that everyone deserves a fair trial and our aggressive criminal attorneys will advocate for you if you’ve been charged with an alleged misdemeanor or felony. Call us today for a free, no-obligation case review at 801-845-3509.