What Is a Third-Degree Felony in Utah?

Under Utah Code § 76-3-103 and §76-3-301, felonies are broadly categorized into four categories: capital felonies, first-degree felonies, second-degree felonies, and third-degree felonies. Third-degree felonies are the least severe and typically carry a sentence of up to 5 years in prison and a fine of up to $5,000. Third-degree felonies in Utah include crimes like promoting prostitution, theft of property or services valued at between $500 and $1,500, and shooting at a vehicle. Moreover, when crimes are designated as a felony but have no classification, the penalties for third-degree felonies apply.

Common Offenses That Fall Under Third-Degree Felony Charges

When an offender is booked for an offense, the charge against them depends on the type of crime, their criminal history, and any aggravating or mitigating circumstances. For instance, if it is established that the crime was motivated by racial intolerance, sexual orientation, or hate motivation, such factors weigh heavily in the final sentence.

Some third-degreee felony offenses in Utah include theft of property valued at between $500 and $1,500, promoting prostitution, and shooting at a vehicle.

Under Utah Code section 76-9-1504, felonious unlawful discharge of a weapon occurs where a person fires in a manner that puts human lives at risk, such as firing at or from within a vehicle, or near an occupied school building or home. The penalty for this is a 3-year sentence, a $5,000 fine, and firearm restrictions. The individual automatically loses the right to own a gun and cannot buy guns legally anymore.

Under Utah Code section 76-6-404, theft in the third degree occurs when the value of the stolen property or services is between $500 and $1,500 and, within a 10-year timeframe, the offender has convictions for theft, robbery, fraud, or burglary. The penalty is up to 5 years in prison and a $5,000 fine.

Penalties and Sentencing for Third-Degree Felonies in Utah

When an offender is convicted of a crime in Utah, the judge may order a jail or prison term, probation, fines, community service, restitution, or any combination of these penalties. The severity of the crime committed and the offender’s criminal history significantly influence the eventual sentence.

Moreover, aggravating or mitigating factors are considered during sentencing. Aggravating factors include bodily injury to the victim, cruelty or depravity of the criminal offense, vulnerability of the victim, whether the offender is a habitual offender, and whether there was a motive behind the crime, such as hate or racism.

A third-degree felony in Utah typically carries a sentence of 3 years in state prison and a $5,00e. Examples of third-degree felonies in Utah include promoting prostitution, stealing property or services valued at between $500 and $1,500, and shooting at a vehicle.

Will You Go to Jail for a Third-Degree Felony in Utah?

To begin with, there is a very high likelihood that an individual convicted of a third-degree felony in Utah will go to jail. This is provided that the prosecution can establish that they are guilty beyond a reasonable doubt. The law in Utah gives judges flexibility in sentencing such that, despite the standard sentence recommended in the guidelines, the judge may consider the sentence, but they are not bound by it. Judges may sentence offenders to prison and also order them to pay fines and restitution.

Unless the crime is severe and the state prohibits probation, the judge may order probation as an alternative to incarceration. This way, the offender can serve their sentence in the community, provided they adhere to the conditions of the court. Moreover, offenders sentenced to prison may still have respite by way of parole. This depends on the severity of the original crime and the offender’s criminal history.

How Long Does a Third-Degree Felony Stay on Your Record?

Third-degree felony conviction records do not expire. They remain on the offender’s public record indefinitely except they successfully petition the court to have the records sealed or expunged.

Felony convictions come with negative consequences that persist almost throughout the offender's life. Ex-convicts often have challenges getting back on their feet after completing the terms of their sentence. Opportunities which others take for granted such as jobs, professional licenses, accommodation, travel, admission, and credit facilities often elude them. In addition, as a result of recidivism laws, previous offenders risk getting enhanced sentences for any subsequent conviction.

Can a Third-Degree Felony Be Sealed or Expunged in Utah?

Criminal records are public information in Utah. Individuals with felony conviction records face challenges with respect to securing jobs, getting professional certifications, accommodation, admission, travel, and other opportunities for which they are otherwise qualified. Under the amended Utah expungement act, such records may be sealed, giving the offenders a new lease of life. Doors of opportunities which would have otherwise eluded them permanently may now be open through the relief of expungement.

Expungement and sealing in Utah refer to the process by which public access criminal records are restricted. Moreover, under the clean slate statute, certain non-convictions, infractions and misdemeanors may be automatically expunged. Under Utah Code section 77-40a-305, some third degree felonies may be expunged. Also, Rule 402 makes provision such that charges may be reduced for qualifying offenses, making them subsequently eligible for expungement. Individuals whose conviction records have been expunged may legally deny that they were charged for the offense.

Some conditions for eligibility for expungement in Utah include:

• The offender must have waited for the mandatory 10 year period after completing their sentence
• The offender must not commit any crimes during the waiting period
• They must not have any pending charges
• The original offense must not be a violent felony, child abuse or sex crime

How Third-Degree Felonies Compare to First- and Second-Degree Felonies

As defined in Utah Code § 76-3-103, there are four categories of felonies in Utah. These are capital felony, first degree felony, second degree felony, and third degree felony. Capital felony is punishable with life imprisonment, life in prison without parole, or death. First-degree felony attracts a sentence of 5 years to life in prison, and up to $10,000 in fines. These are crimes such as aggravated murder, rape, child kidnapping, and aggravated arson.

Second-degree felony attracts a sentence of 1 to 15 years in prison, and up to $10,000 in fines. This includes crimes such as aggravated assault, manslaughter, residential burglary, robbery, communications fraud, and theft of property valued at over $5,000.

Third-degree felony attracts a sentence of up to five years in prison and up to $5,000 in fines. This includes crimes like promoting prostitution, theft of a catalytic converter, theft of property or services valued at between $500 and $1,500, and shooting at a vehicle.

How to Look Up Third-Degree Felony Records in Utah

Interested parties seeking third-degree felony records in Utah may look up these records either by submitting a record request in person at the courthouse, by searching the State's online court website, or by mail. However, juvenile records are not publicly available.

Online

The state of Utah provides an official case search portal available for the public to access criminal court records. In addition, circuit courts maintain a portal where record seekers may look up criminal records. This requires a subscription and case-specific information.

Furthermore, third-party websites provide access to criminal court records, including third-degree felony records. These websites have the advantage of not being limited by geographic location. Record seekers must give information on the record, such as the name of the offender and the location of the record, such as the city, county or state. However, the availability of records on these websites may vary from that available on official channels.

By mail

To get third-party felony records by mail, the requesting party must identify the court that handled the case. They may send in a written request, which includes the case number, name of the offender, date of birth, and a self-addressed envelope.

In person

To access third-degree felony records in person, interested parties must identify the court that handled the case. Next, they may visit the courthouse during office hours to request at the office of the Clerk of the Court. They are required to provide valid identification and pay the requisite fee. They must also provide relevant information about the record they seek, such as the name of the offender, case number, and the location of the record, such as the city, county, or state.

Probation and Parole for Third-Degree Felony Offenders

Target Length: 150–200 words

For third-degree felony, Utah law provides a maximum sentence of 5 years in prison and up to $5,000 in fines. Utah law gives flexibility in sentencing. The eventual penalty depends on the severity of the original offense and the offender's criminal history.

Ultimately, the board of pardons and parole determines how much of that prison term an offender serves. In most cases, the judge may suspend the prison term and place the offender on probation instead. As a condition for felony probation, the sentence can include up to a maximum of one year in jail. During probation, the defendant can serve most of their sentence in the community, subject to conditions given by the court.

However, if the offense was a violent felony or the offender is a habitual offender, the possibility of parole may be very slim. Some guidelines for parole eligibility include:

• An inmate guilty of a third felony must complete the minimum terms required for their crime before they may be considered for parole
• An inmate serving a sentence less than life in prison may be eligible for parole consideration after serving part of their sentence