In criminal cases, the judge takes on a few important roles. The judge makes sure court hearings follow the correct procedures and standards, determines whether evidence is admissible, gives the jury instructions, determines matters of law, and, finally, determines the sentence in cases where the defendant is convicted. However, sentences aren’t always cut-and-dry. On the contrary, many state laws provide for a sentencing range up to a certain maximum, and it’s up to the judge to determine exactly how many months (or years) the offender should receive within that range.
Aggravating and mitigating factors could influence the final sentence in your case, convincing the judge to reduce or increase your potential sentence. For example, seriously harming and negatively impacting a victim could tack on extra time to your prison sentence, while being very cooperative with law enforcement and having no priors could lead to less harsh consequences for defendants after conviction in Utah.
For a free and confidential case review from our Utah criminal defense lawyers, call Overson & Bugden now at (801) 758-2287.
Basic Factors Judges Consider When Deciding Sentences in Utah
While Utah gives judges guidelines to follow when administering sentences after criminal convictions, judges are also able to weigh various factors when deciding whether to sentence a defendant to the lesser possible consequences or worse ones.
For example, the seriousness of the alleged crime, the damage and impact to the victim, and the defendant’s previous criminal record might all factor into a judge’s sentencing in a criminal case. While some aggravating factors, like allegedly using a weapon during the offense, might lead to longer sentences, mitigating factors, like having a diagnosed mental illness, might enable our Logan, UT criminal defense lawyers to get lesser sentences on defendants’ behalves.
While judges have some leeway when giving sentences in criminal cases, they are also often bound by sentencing maximums and sometimes minimums, depending on the crime a defendant is convicted of. If there are minimum prison sentences for the crimes you are being charged with, we can explain what they are and the risks of accepting a plea agreement without in-depth negotiation.
Utah’s criminal sentencing guidelines are periodically published (and analyzed) in reports assembled by the Utah Sentencing Commission. In its own words, the Sentencing Commission “consists of… judges, prosecutors, defense attorneys, legislators, victims, law enforcement, treatment specialists, ethnic minorities, corrections, [and] parole authorities.”
While judges do refer to the Sentencing Commission’s guidelines, they are not necessarily bound to follow them. As stated by the Commission in its most recent Adult Sentencing and Release Guidelines published in 2023, “Judges are encouraged to sentence within the guidelines unless they find aggravating or mitigating circumstances justifying departure.” So, these guidelines offer additional guidance for judges when sentencing offenders but continue to give judges flexibility to tailor sentences to specific defendants and situations.
Judges’ Objectives When Sentencing Defendants in Utah
There are a variety of reasons that explain the purpose of a criminal sentence. Judges must balance the interests of the public and the interests of the offender to determine an appropriate sentence. One objective judges aim to achieve during sentencing is “risk management,” in that they weigh the benefits of “incapacitation” to protect the public against the defendant’s chance of committing future crimes.
Risk Management
Risk management means the judge must impose a penalty that is proportional to the seriousness and considers the likelihood of the defendant re-offending. By giving offenders a proportional penalty for their crimes, judges hope to hold offenders accountable for their actions without ordering an unfair punishment. If the punishment is not adequate to deter an offender from committing future crimes, then it is too weak. Alternatively, if the punishment is too severe, an offender will have no reason to consider rehabilitation because they may believe they have faced the worst punishment imaginable. That is why it is important for a judge to strike a balance when deciding on a sentence.
Incapacitation
Another objective of sentencing is to “incapacitate” an offender for an appropriate amount of time. Incapacitation means keeping an offender separate from others to avoid potential future crime. Judges might think that removing an offender from society will prevent them from harming others, though this might be used to rationalize unfair sentences, potentially justifying keeping them in prison until they are too old to commit more crimes. Our attorneys can help avoid this overreach by advocating for you throughout your case.
Maximum Prison Sentences Judges Can Give for Different Offenses in Utah
First, sentencing law establishes the maximum possible sentences for each offense grading. In Utah, misdemeanors are indicated by a letter, while felonies are separated by numbered degrees. Generally, misdemeanors carry less severe penalties than felonies. The lower the number, the more serious the felony. The same principle applies to misdemeanors, as you can tell from looking at the criminal penalties listed below:
Misdemeanors
For Class C misdemeanors, like public intoxication or driving with a suspended license, the maximum jail sentence is 90 days, according to Utah Code § 76-3-204(3). For Class B misdemeanors, like simple assaults or driving under the influence, the maximum sentence is six months in jail. And for Class A misdemeanors, which include negligent homicide and criminal mischief, the maximum penalty is up to 364 days in jail. Along with these sentences, defendants may have to pay fines for misdemeanor convictions in Utah.
Misdemeanors differ from “violations,” which are not actually crimes. Violations can be fined, but incarceration is not a possibility.
Additionally, it’s important to note that the same crime can span a few different levels of categorization depending on the details specific to the incident. For example, under § 76-5-102, the crime of simple assault can be a Class B or Class A misdemeanor, depending on the bodily harm suffered by the victim and whether they were pregnant and the offender knew of their pregnancy at the time of the alleged assault.
Felonies
There are also maximum penalties for felonies in Utah, some also carrying minimum prison sentences for offenders. For third degree felonies, which include aggravated assault and marijuana possession with intent to distribute, the maximum prison sentence is five years with no minimum. There is a one-year minimum sentence for second degree felonies like manslaughter, robbery, and kidnapping, and a maximum sentence of 15 years, according to § 76-3-203(2). Finally, for first degree felonies like murder, rape, and aggravated burglary, the minimum sentence is five years, and the maximum is life imprisonment. Aggravated murder is Utah’s only “capital felony,” meaning it is the only crime in Utah subject to capital punishment (i.e., the death penalty).
Aggravating and Mitigating Factors Judges Assess When Deciding Sentencing in Utah
As mentioned, one of the major aspects that impact sentencing determinations is the presence or absence of aggravating or mitigating factors. Aggravating factors may increase penalties, while mitigating factors may reduce them. Some of the sentencing ranges listed above are extremely broad. For example, a second degree felony conviction could lead to one year in prison — or 15. Aggravating and mitigating factors could make the difference between a one-year or 10-year sentence in your case, so identifying them early on in your case is important.
Aggravating Factors
A common aggravating factor that can increase a criminal sentence is the defendant causing the victim “substantial bodily injury.” Committing an offense that is “extremely cruel or depraved,” holding a “position of authority” over a victim, and targeting a victim that is “unusually vulnerable,” whether because of their age or physical or mental condition, are all examples of potential aggravating factors in criminal cases.
Penalties can also be enhanced in many cases. Enhancement means that a criminal penalty is increased due to certain circumstances, like a person committing a crime with a dangerous weapon or on school property. Usually, the law does not require that the offender was aware that they were violating these additional factors. That means arguing you did not know you were in a school zone cannot stop the enhancement from applying in a drug possession case, for example. However, most enhancements need to be proven beyond a reasonable doubt to increase your penalties.
Mitigating Factors
Utah also identifies some mitigating factors that can reduce a criminal sentence. These include the defendant being “exceptionally cooperative” with law enforcement, being a first-time offender or having the potential for rehabilitation, and the offender possessing “developmental disabilities” when they committed the crime.
Cases involving aggravated murder work a little differently. In those cases, the defense attorney will try to establish mitigating factors during a special sentencing hearing, while the prosecutor can counter with evidence of aggravating factors. Based on the balance of aggravating and mitigating factors, aggravated murder could receive either the death penalty or life in prison.
Generally speaking, Utah seldom uses the death penalty. From 2008 to 2013, Utah prosecutors sought the death penalty against only seven out of 54 aggravated murder defendants. The last execution was carried out in 2010 by firing squad.
When Do Judges Sentence Convicted Defendants in Utah?
Sentencing comes after the jury renders its final verdict, sometimes almost immediately if that is the defendant’s wish. Our attorneys can explain what an upcoming sentencing hearing would entail. If we have a plea bargain in place with the prosecution and you plead guilty and forgo a trial, the prosecution would ask the judge for that agreed-upon sentence at the hearing. Judges generally uphold plea agreements but could administer harsher sentences if they see fit.
When it comes to the judge’s pronouncement of the sentence, convicted offenders have two options. They can either choose the standard option, which means they will be sentenced somewhere between two and 45 days after being convicted. Or, they can waive the normal timeline and receive their sentence the same day they are convicted.
Once you are sentenced, you will be taken into custody, which our Utah criminal defense lawyers can prepare you for if you have been out on bail throughout the trial. Notices of appeals must be filed within 28 days of the final judgment in a case. Otherwise, defendants lose the chance to appeal their criminal convictions in Utah, which we can help avoid.
Call Us to Have Our Utah Criminal Defense Attorneys Fight for You
For help from our Ogden UT criminal defense lawyers, call Overson & Bugden today at (801) 758-2287.
