What is a Second Degree Felony in Utah?

In Utah, a second-degree felony is a serious criminal charge that falls between a first-degree felony and a third-degree felony in severity. Under Utah Code § 76-3-203, a person convicted of a second-degree felony may face a prison sentence ranging from one to 15 years and fines of up to $10,000. Second-degree felonies encompass acts that can cause substantial harm to individuals, property, or society. However, the gravity of second-degree crimes does not reach that of first-degree crimes, such as an aggravated murder.

Common examples of second-degree felonies include burglary, robbery, sexual exploitation of a minor, or possession of large quantities of controlled substances with a plan to distribute. While punishments for second-degree felonies are reduced from those of first-degree felonies, they are still capable of significantly impacting the lives of the charged or convicted individuals. Thus, these types of crimes are ones that the courts in Utah treat with great seriousness.

Which Crimes Are Considered Second Degree Felonies in Utah?

Second-degree felonies in Utah include serious but not the most severe offenses. According to Utah State law, these offenses can result in imprisonment for one to 15 years and fines of up to $10,000. Some common examples of second-degree felonies in Utah include:

• Burglary: This is the act of breaking into a home with the intention of committing a crime inside.
• Robbery: This is the use of force while taking property away from the owner.
• Distribution of Controlled Substances: This involves possessing or selling large quantities of illegal drugs.
• Sexual Exploitation of a minor: This is the creation, possession, or distribution of child sexual abuse material
• Theft of Property valued at $5,000 or more: This is the theft of expensive equipment or vehicles.

Note that second-degree crimes in Utah are more serious than misdemeanors as they involve greater financial loss, danger, or harm. As such, they also attract higher punishments than misdemeanors.

What is Second Degree Murder and How is it Classified in Utah?

In Utah, second-degree murder as a felony falls between first-degree murder and crimes such as manslaughter. Second-degree murder involves causing the death of another person intentionally but without the component of premeditation or planning that is unique to first-degree murder. For example, second-degree murder can be a death caused in the heat of the moment rather than through careful preparation. The lack of premeditation is the key difference between first-degree murder and second-degree murder, as first-degree murder involves planning, lying in wait, or killing during an armed robbery or kidnapping.

Some examples of second-degree murder include:

• Firing a gun into a crowded area and killing a bystander
• The escalation of a domestic argument between partners, and one partner using deadly force without prior planning
• Driving recklessly while trying to evade arrest from the police, and causing a fatal crash
• A bar fight gone wrong, leading to death as a result of injuries sustained from the fight

Utah Second Degree Felonies Penalties and Punishments

Punishments for second-degree felonies in Utah vary and generally depend on the case. While the standard penalty ranges from one to fifteen years, judges can adjust this based on the circumstances of the crime, such as the participant's prior criminal history or the use of violence during the offense. In some cases, judges can allow probation, supervised release, or treatment programs for offenders with little to no prior criminal record.

Some common second-degree felonies and their punishments and penalties include:

Are Second Degree Felony Records Public in Utah?

Yes, second-degree felony records are generally available to the public per the Utah Government Records Access and Management Act (GRAMA), Utah Code Title 63G, Chapter 2. This means that interested persons, such as employers, landlords, and family members, can access information on arrests, charges, and convictions through court records or through background checks. However, there are Utah laws that restrict access to certain records. For example, Utah Code § 77-40-101 through § 77-40-112 allows eligible persons who have their records expunged to have the records sealed from public view. Additionally, juvenile records are protected from public access under Utah Code § 78A-6-209, as they are considered confidential and restricted to protect the minors. Only specific people, such as the juvenile, their parents or guardians, and their attorneys, can access these records.

How to Access Second Degree Felony Court Records in Utah

Individuals interested in accessing second-degree felony court records in Utah can begin searching the courts online through Utah’s Courts public case search, XChange, which provides summary information for district and justice court cases. For a full background and official criminal history report, interested parties can request records from the Bureau of Criminal Identification (BCI). Additionally, Clerks can assist interested individuals in searching district court dockets for those who choose to visit the courthouse to access court records, providing guidelines on how to locate the records at the courthouse. Where a record is not yet publicly available, it is possible to file a GRAMA request to access the records.

Interested individuals should note that it is essential to follow local regulations and respect privacy when obtaining second-degree felony records in Utah. It may be required to pay fees to obtain certified copies of records.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, in Utah, second-degree felony charges can sometimes be reduced or even dismissed. This possibility, however, depends on the facts of the case. Courts and prosecutors can consider lowering the charge through a plea bargain, where the defendant agrees to plead guilty to a lesser offense, such as a third-degree felony or misdemeanor, in exchange for a lighter sentence. Under Utah Code § 77-13-2, prosecutors can make this demand when evidence is not strong enough to support the complete felony charge or when the defendant takes responsibility for the charges early.

Persons charged with crimes in Utah also have the option of a charge reduction under Utah’s “402 reduction” process (Utah Code § 76-3-402). This process enables a judge to reduce the severity of a conviction that can be imposed if the person meets specific conditions. In some cases, charges can even be entirely dismissed if the prosecution’s evidence is weak, if constitutional rights were violated by law enforcement under Article I, Section 14 of the Utah Constitution, or if key witnesses are unavailable.

Individuals interested in reducing or dismissing second-degree charges in Utah should be aware that outcomes can vary significantly, and the process can be complex. Having an experienced criminal defense lawyer is critical, as they can negotiate with prosecutors, identify legal defenses, and pursue options such as reductions or dismissals. Interested individuals should also note that, although not every case may qualify, exploring these options can have a significant impact on the long-term consequences of a felony charge if successful.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in Utah?

It may be possible to seal or expunge some second-degree felony conviction from a criminal record in Utah, but it depends on the offense and the individual’s background. Under the Utah Weldon’s Expungement Act (Utah Code § 77-40-101 et seq.), felony convictions may be whittled down from public scrutiny after a waiting period, shifting the individual to a crime-free status, the passage of time after completing the sentence, and other qualifications specific to the crime. For most second-degree felonies, the waiting period is seven years after the case is closed. Offenses other than the aforementioned, including violent felonies and child sex offenses, cannot be expunged or sealed.

For murder or attempted murder, Utah law does not allow expungement. These offenses always remain on the record. In the case of expungement, the record is sealed, meaning that it is inaccessible to the public, employers, or landlords. However, it can still be viewed by law enforcement and the courts. With the petition, various fees, and meticulous qualifications, it is wise to engage the help of a legal professional to ensure that all documentation is complete and filed, thereby increasing the chances of acceptance.

How Long Do Second-Degree Felony Records Stay Public in Utah?

In Utah, court records for second-degree felonies stay public for life unless you get them expunged or sealed. This means that after someone is convicted, their record can always be viewed in court databases, background checks, and public record searches, making it readily available unless very specific legal actions are taken to erase it. Utah is unique among states in that it automatically removes or limits access to such records after a particular period of time. Utah, on the other hand, will keep such records available for the entirety of someone’s life.

On the other hand, Utah does limit access to some extent through its expungement laws (Utah Code § 77-40-101 et seq.). In the case of most second-degree felonies, the law states that a person must wait at least seven years after the case is closed before they are eligible to apply, subject to other requirements, such as having no other convictions for crimes. Expungement, if processed and granted, allows the record to be concealed from the public, but law enforcement and courts will still be able to access it.

In Utah, without the option of expungement, second-degree felony convictions remain available to the public, including potential employers and housing authorities, which is why many people seek this option.