Sandy, UT asked in Criminal Law for Utah

Q: Is 41-6a-904(2)(A) an infraction or misdemeanor?

Related Topics:
1 Lawyer Answer
Carl Norman Anderson III
Carl Norman Anderson III
  • Criminal Law Lawyer
  • Salt Lake City, UT
  • Licensed in Utah

A: A violation of 41-6a-904(2)(A) is a class C misdemeanor.

Utah Code Ann. 41-6a-202 states that any violation of Chapter 6a is either a class C misdemeanor or an infraction, unless it is specifically provided otherwise in the statute allegedly violated. Violations of Parts 2, 11, 17, and are infractions. Violations of any other Part is a class C misdemeanor. The first number of the third group of numbers of the statute identifies the Part. In this case 41-6a-904 is found in the 9th part, and thus any violation of a statute beginning with 41-6a-9*** would be a class C misdemeanor unless otherwise provided. No where in 41-6a-202 does it specifically state what level of offense a violation would be, thus it would default to a class C misdemeanor.

Keep in mind, in Utah a class C misdemeanor is punishable by up to 90 days in jail and/or up to a fine of $750.00, so talking with an attorney is a very good idea.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.