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