Tooele, UT asked in Criminal Law for Utah

Q: Do you know what the minimum and max time requirements are for a class 3 felony burglary in tooele county utah?

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1 Lawyer Answer
Russell Pietryga
Russell Pietryga
Answered
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: Burglary (Utah Code 76-6-202)

Degree- Depending on the facts, burglary can be charged as a 2nd or 3rd degree felony.

Elements-A defendant commits a 2nd degree felony burglary when they enter or remain unlawfully in a dwelling or any portion of the dwelling with the intent to commit: a felony; theft; an assault on any person; lewdness; sexual batter, lewdness involving a child; or voyeurism.

A defendant commits a 3rd degree felony burglary when they enter or remain unlawfully in a building or any portion of a building with intent to commit: a felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism.

Fine-3rd degree felony: A fine not to exceed $5,000 , plus a 90% surcharge.

2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge.

Restitution-The court may order a defendant convicted of this crime to pay restitution.

Imprisonment-3rd degree felony: A term of imprisonment not to exceed 5 years.

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.

DNA Specimen Analysis-A defendant convicted of a 2nd or 3rd degree felony burglary must provide a DNA specimen.

Firearms-A defendant convicted of a 2nd or 3rd degree felony burglary may not posses, use or have control of a firearm or ammunition for life.

Hope this helps.

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