In Utah in 2015, over 1,100 people were arrested for burglary, which is one of the most serious crimes a defendant can be prosecuted for. The penalties for a burglary conviction in Utah can be extremely harsh, and have long-lasting negative consequences for many years to come.
If you have been charged with burglary in Utah, or if one of your family members was arrested for burglary in Salt Lake City, it is extremely important for you to contact a skilled and experienced defense lawyer immediately. For a free legal consultation with Salt Lake City burglary defense attorney Darwin Overson, contact the law offices of Overson & Bugden right away at (801) 758-2287.
How is Burglary Defined in Utah?
Every crime in Utah is defined by a legal statute within the Utah Criminal Code. In order for a prosecutor to prove that a defendant is guilty, the prosecutor has to show that the defendant committed the actions described in the statute defining the crime. If the prosecutor cannot prove that the defendant’s alleged actions match the legal definition of burglary in Utah, the defendant cannot be convicted of burglary. For this reason, it’s important for defendants and their loved ones to understand how a burglary is defined under the Utah burglary statute, which is Utah Code § 76-6-202.
Under Utah Code § 76-6-202, a person is charged with burglary when, allegedly, he or she “enters or remains unlawfully in a building,” or any part of a building, with intent to commit any felony (such as rape or kidnapping), or any of the following crimes:
- Assault
- Lewdness
- Lewdness Involving a Child
- Sexual Battery
- Theft
- Voyeurism
Is Burglary a Felony Charge in Utah?
Minor crimes are classified as misdemeanors, while more serious offenses are classified as felonies. While both can lead to fines, incarceration, and other penalties, which are explained in detail in the section below, the consequences of a felony are especially devastating. In addition to carrying higher fines and longer sentences than misdemeanors, a felony conviction will also give the defendant a felony record, which can make it extremely difficult or even impossible to get hired for certain jobs, qualify for certain loans, or purchase or possess a firearm.
While some crimes can be prosecuted as misdemeanor or felonies, burglary is always a felony charge in Utah, making it one of the most serious offenses a person can be accused of committing. Aggravated burglary is also always charged as a felony.
Utah Burglary Penalties: Prison Sentencing and Criminal Fines
While burglary is always charged as a felony, some burglary offenses are more serious than others, and therefore, carry greater penalties if the defendant is convicted. That is because there are different levels of felony charges. The details of the alleged burglary will determine how the offense is classified – and in turn, the penalties that may result from a conviction.
Generally speaking, burglary is prosecuted as a third-degree felony, which is one level above a misdemeanor in Utah. However, it can be prosecuted as a second-degree felony, which is more serious, in cases where the defendant allegedly burgled a “dwelling,” meaning somebody’s home, condo, or apartment. Aggravated burglary is always a first-degree felony, which is the most serious type of crime under Utah’s penal code. For example, murder and rape are first degree felonies.
Judges have some discretion over how to sentence a convicted defendant but must abide by the maximum limits set by state law. The maximum penalties for burglary felonies in Utah include the following fines and prison sentences:
- Third Degree Felony (Burglary)
- Sentencing – Up to 5 years in prison
- Fine – Up to $5,000
- Second Degree Felony (Burglary of a Dwelling)
- Sentencing – 1 to 15 years in prison
- Fine – Up to $10,000
- First Degree Felony (Aggravated Burglary)
- Sentencing – 5 years to life in prison
- Fine – Up to $10,000
Salt Lake City Burglary Attorney Handling Felony Cases
Criminal defense attorney Darwin Overson has over 16 years of experience representing adults and juveniles charged with burglary in Salt Lake City and other areas of Utah, including Bountiful, Cedar City, Draper, Kaysville, Layton, Lehi, Logan, Midvale, Millcreek, Murray, Ogden, Orem,Provo, Riverton, Roy, Sandy, South Jordan, St. George, Taylorsville, Tooele, West Jordan, West Valley City, and more.
Darwin is a fierce proponent of criminal justice, and will fight aggressively to make sure that your Constitutional rights are protected throughout every stage of your case. He will work to minimize the consequences you face, or even have your case dismissed altogether.
To give yourself the best chance of beating the charges, you need to seek legal representation as soon as possible. For a free legal consultation regarding you or your loved one’s burglary charges in Utah, or if you even suspect that you or a family member is being investigated for burglary, call Utah burglary lawyer Darwin Overson right away at (801) 758-2287.
Get Your FREE Consultation
"Tawni was fantastic to work with."
Tawni was fantastic to work with. She was quick to respond, professional, and got the job done. I have worked with others in the past and I am grateful Tawni was available and able to help me when I needed it most.
Google Review
"I highly recommend Tawni Bugden to anyone in need of reliable and effective legal representation."
I had the pleasure of working with Tawni Bugden for my sons recent case, and I am beyond impressed with the level of dedication, expertise, and professionalism she provided. From the very beginning, Tawni Bugden took the time to thoroughly understand the details of my sons case, offering clear and straightforward advice. She was always responsive to my questions and kept me informed throughout my son's entire process. What really stood out to me was her ability to break down complex legal concepts into simple terms, making it easy for me to make informed decisions. Tawni's attention to detail, combined with their strategic approach, led to a successful outcome that exceeded my expectations.
I highly recommend Tawni Bugden to anyone in need of reliable and effective legal representation. She will truly go above and beyond for her clients, and I am grateful for everything she did to help my son achieve a positive result!
Google Review
"I wish him a happy life in and out of work."
Darwin Overson went above and beyond and proved my innocence in trial at a time that I felt all was lost and was an excellent listener. Well worth the money spent. He even helped provide documentation for things after the case was over when I was in a pinch (great client service). I wish him a happy life in and out of work.
Google Reviews - February 2025
"He is worth every Dollar!"
Darwin, exceeded my expectations, I was suspected of serious charges and he did everything in his power to give me an excellent criminal defense, I recommend him without any doubt, his prices are fair he is worth every Dollar! Thanks to Mr. Overson I'm a Free Man🙏🏼
Google Review
"When you retain this team you are already on the way to making your situation better."
When you are going through all of the stress of what an arrest can bring, The uncertainty alone can destroy you. Darwin and his team did more the Defend. They provided Hope and took away the feeling of being alone. Even after the trial they continued to monitor our case through probation. When you retain this team you are already on the way to making your situation better.
Google Review
"Tawni Bugden, Esq. is an exceedingly dedicated, highly skilled, and articulate criminal defense attorney."
My wife and I reside in the Northeast. We retained Tawni Bugden, Esq. to defend a family member who was receiving mental health treatment in Salt Lake City. We were immediately impressed with Tawni’s broad experience as a defense attorney. The fact that she had previously and successfully defended mentally ill and neurodiverse individuals made her the perfect fit for our circumstances. Tawni is extremely well versed in Utah state and local criminal law. She has worked extensively with state and local law enforcement and prosecution. To say that Tawni was our “eyes and ears” on the ground is an understatement! She provided excellent counsel, timely updates and promptly returned our phone calls, of which there were many given our geographic location. Her responsiveness even extended into her European vacation! Tawni Bugden, Esq. is an exceedingly dedicated, highly skilled, and articulate criminal defense attorney. We are forever grateful for her guidance and support.
Google Review
"Forever grateful and highly recommend him."
I had the opportunity to see Mr. Overson in action during trial. He is professional, confident, knowledgeable, has a great strategy, communication style, and empathy. I could tell he prepared extensively for the case and did not hold back to defend his client, which resulted in success. Forever grateful and highly recommend him.
Google Review
"I am blessed to have had her experience and exceptional level of help."
When I was in trouble, and I needed help, i didn't know what to do. Tawni Budgen was who helped me through it. I am blessed to have had her experience and exceptional level of help.
Google Review
"This Lawyer, Tawni Bugden, is truly a rare gem."
This Lawyer, Tawni Bugden is truly a rare gem. Tawni goes above and beyond for her clients. Tawni is very prompt on calling you back the same day you send her a message, no matter what time her day ended. I would recommend this attorney to my family and friends.
Google Review
"Let me be the first to tell you, it’s worth every penny!"
Tawni is the best lawyer you could ask for She is very experienced and is extremely resourceful. If you’re hesitant for any reason on whether to choose her to represent you, let me be the first to tell you, it’s worth every penny!
Google Review
"Thank you so much, Tawni. You are truly a lifesaver."
Tawni is amazing. We were very scared and overwhelmed For our son’s future, And she gave us hope. Telling us to stay positive and be patient. That helped a lot. Going Through things you’ve never gone through Before and not knowing how to handle things, Tawni gives a lot of feedback and is always communicating to make any transition dealing with the legal system easier. She fights hard and ends disputes quickly. Winning this case and being able to tell our son, he’s free, was seriously the best feeling. Thank you so much, Tawni. You are truly a lifesaver.
Google Review
"Tawni made what could have been a stressful experience seamless and provided me with peace of mind."
I had the pleasure of working with Tawni Bugden to expunge two non-convictions, and I couldn't be happier with the results. Tawni is simply amazing and incredibly talented. Her expertise in the legal field is unmatched, and her dedication to her clients is commendable. She navigated the process with finesse and ensured that my rights were protected every step of the way. Tawni made what could have been a stressful experience seamless and provided me with peace of mind. I highly recommend her services to anyone in need of exceptional legal representation.
Google Review
"For unparalleled legal representation, Overson & Bugden PLLC is the unequivocal choice."
Overson & Bugden PLLC exemplifies legal excellence. With profound expertise and unwavering dedication, they adeptly navigate complex legal issues. Their commitment to client satisfaction is unmatched, ensuring clear communication and attentive support throughout. Professionalism permeates every interaction, from their knowledgeable attorneys to their meticulous attention to detail. For unparalleled legal representation, Overson & Bugden PLLC is the unequivocal choice.
Google Review
"Having Tawni representing just made everything feel and be more smooth."
We are beyond grateful to have been able to work with attorney Tawni Bugden. Since the first time we spoke over the phone she gave me hope, sense of relief and free judgment!! She always was available to my questions and concerns even at times she had to explain to me more than once. Having a family member in jail and going through the whole process of courts and wanting to do more for them it’s the worst feeling ever, but having Tawni representing just made everything feel and be more smooth and had such a amazing outcome. She was able to get no prison time and even be released before sentencing court. Honestly if I was ever to go through this situation again ( hope I never do) no doubt Tawni will be our attorney!!! They are the Best!!! They know what they are doing and most importantly they don’t give any false hopes and the results they can get.
Google Review
"I cannot express enough how much Tawni Bugden has changed the direction of my life (and my children's) for the better!"
I cannot express enough how much Tawni Bugden has changed the direction of my life (and my children's) for the better! She was able to get the best possible outcome for me as my legal representation in my criminal matter and I will forever be thankful for all her support! She is a formidable force in the courtroom and she knows her stuff! Thank you Tawni Bugden!
Google Review
“If someone is making allegations against you, you really should talk to Darwin.”
I was charged with domestic violence and the allegations were that I abused my husband. Truth is, my husband was abusive to me. I hired Darwin and we had a trial. During the trial, Darwin was able to show the jury that it was my husband that was abusive and was trying to manipulate the process of our divorce. The jury found me not guilty and after the trial one of the jurors approached me and told me how impressed the jury was with the way Darwin presented the defense. Before the trial, my now soon to be ex-husband tried to convince me to plead guilty. So going to trial was really the first time I was able to stand up to him and not let him manipulate my life anymore. Darwin really helped me with that process and I can’t express how empowering it has been. If someone is making allegations against you, you really should talk to Darwin.
Google Review
“If you or a loved one is in trouble, Darwin is your guy.”
“I was arrested for DUI. From the very beginning Darwin was very professional and supportive. Throughout the court process I was scared. I kept telling Darwin that wanted to plead guilty just to end it but Darwin encouraged me to stick with it and take the case to trial. The morning of trial, Darwin was able to cross examine the (arresting) officer in such a way as to show the jury that there was reasonable doubt as to the accuracy of the breathalyzer machine. That was important because they were saying my BAC was .182. Darwin walked me through my testimony so that the jury understood what happened from my point of view. I think if he hadn’t been able to help me through my testimony the way he did that the jury wouldn’t have understood and they would have convicted me. The jury deliberated for two hours and then returned a verdict of not guilty.I am really thankful that Darwin was my attorney and that I took his advice to take my case to a jury. If you or a loved one is in trouble, Darwin is your guy.”
Google Review
“The jury found my husband not guilty and I credit Darwin for making that happen.”
“My husband was charged with a first degree felony sex crime against our granddaughter. Anyone who knew my husband knew he didn’t do it. He was the type to protect children not hurt them. We had been represented by another attorney who just couldn’t get the prosecutor to see that the charges weren’t good. When it came time for trial, that attorney was scared to try the case. We were referred to Darwin and I am so grateful. Trial was a week long and by the end, Darwin had shown the jury how our grandchild had been manipulated by the social workers and her mother to say things that were not true. Darwin was careful and thorough in his investigation and preparation before trial and it really showed in court. The jury found my husband not guilty and I credit Darwin for making that happen.”
Google Review
“I thank Darwin …had it not been for him, things would have turned out very differently for me and not in a good way.”
“Several years ago, I was having troubles in my marriage. There were lots of arguments and it was clear that we were headed for a separation. One night I was woke up by six West Valley Police officers standing around my bed with flashlights shining in my eyes. It was 3:00 in the morning and they drug me to the police station where they informed me that I was being arrested for engaging in sexual relations with my baby girl. I could not believe it. Over the next several days I lost my job because of these allegations and a protective order issued against me preventing me from seeing my wife and child, and even from going to the house to get my things. My world was turned upside down. I hired Darwin to represent me. He helped me get my job back, over turned the protective order and through his own investigation was able to uncover enough about my wife to convince the prosecutor to drop all charges against me. About six months later my wife was arrested for possessing thousands of dollars of fake checks. I have moved on and remarried. I thank Darwin for helping me through an incredibly difficult part of my life and I think had it not been for him, things would have turned out very differently for me and not in a good way.”
Google Review
Resources
- Salt Lake City Criminal Defense Lawyer
- Attorney for Wrongful Convictions in Salt Lake City
- Conspiracy Defense Attorney in Salt Lake City, UT
- Criminal Defense Lawyer for Mormon Missionaries in Salt Lake City, UT
- Federal Defense Attorney in Salt Lake City, Utah
- Salt Lake City Academic Disciplinary Proceedings Lawyer
- Salt Lake City Animal Cruelty Lawyer
- Salt Lake City Arson Defense Attorney
- Salt Lake City Assault Defense Attorney
- Salt Lake City Attorney for a Criminal Arraignment
- Salt Lake City Attorney for Criminal Arraignments
- Salt Lake City Attorney for Out-of-State Offenders + Criminal Charges
- Salt Lake City Auto Theft Lawyer
- Salt Lake City Bail Hearing Attorney
- Salt Lake City Burglary Lawyer
- Salt Lake City Criminal Appeals Attorney
- Salt Lake City Criminal Defense Attorney for Accomplice Charges
- Salt Lake City Criminal Lawyer for Referrals from Bail Bondsman
- Salt Lake City Defense Attorney for Non-Violent Crimes
- Salt Lake City Defense Attorney for Self-Defense Charges
- Salt Lake City Defense Lawyer for Destruction of Protected Wildlife
- Salt Lake City Disorderly Conduct Defense Lawyer
- Salt Lake City Domestic Violence Defense Lawyer
- Salt Lake City Drug Crime Defense Lawyer
- Salt Lake City DUI Lawyers
- Salt Lake City Expungement and Record Sealing Attorney
- Salt Lake City First (Initial) Appearance Hearing Attorney
- Salt Lake City Hate Crime Charges Defense Lawyer
- Salt Lake City Homicide Defense Attorney
- Salt Lake City Juvenile Criminal Defense Lawyer
- Salt Lake City Kidnapping Defense Lawyer
- Salt Lake City Lawyer for a Criminal Bench Warrant for Arrest
- Salt Lake City Lawyer for Receiving Stolen Property
- Salt Lake City Manslaughter Lawyer
- Salt Lake City Murder Defense Attorney
- Salt Lake City Obstruction of Justice Defense Attorney
- Salt Lake City Open Container Violations Lawyer
- Salt Lake City Parole Violation Attorney
- Salt Lake City Police Misconduct Lawyers
- Salt Lake City Polygamy Defense Lawyer
- Salt Lake City Preliminary Hearing Attorney
- Salt Lake City Pretrial Release Hearing Attorney
- Salt Lake City Probation Violation Lawyer
- Salt Lake City Rape Defense Lawyer
- Salt Lake City Resisting Arrest Defense Lawyer
- Salt Lake City Robbery Lawyer
- Salt Lake City Sex Crime Defense Lawyer
- Salt Lake City Stalking + Harassment Defense Lawyer
- Salt Lake City Terroristic Threats Attorney
- Salt Lake City Theft Defense Lawyer
- Salt Lake City Third Degree Felony Lawyer
- Salt Lake City Traffic Ticket Lawyer
- Salt Lake City Underage Drinking Lawyer
- Salt Lake City Unlawful Detention Lawyer
- Salt Lake City Vandalism Lawyer
- Salt Lake City Violation of Protective Order Attorney
- Salt Lake City Weapons Crimes Lawyer
- Salt Lake City White Collar Crimes Defense Lawyer
- Salt Lake City, UT Arrest Warrant Attorney
- Salt Lake City, UT Child Pornography Possession Lawyer
- Salt Lake City, UT Property Crime Attorney
- Salt Lake City, UT Public Order Crime Lawyer
- Salt Lake City, UT Shoplifting Defense Lawyer