Dain Smoland, Attorney at Law PLLC
Criminal Defense in Utah
Dain Smoland, Attorney at Law PLLC
Navigation
  • HOME
  • ABOUT
  • PRACTICE AREAS
    • MARIJUANA CRIMES
      • DRUG PARAPHERNALIA
      • POSSESSION OF A CONTROLLED SUBSTANCE
      • POSSESSION WITH INTENT TO DISTRIBUTE
    • CIVIL RIGHTS LAWSUITS
    • DRUG CRIMES
    • DUI
      • Alcohol DUI
      • Metabolite DUI
    • JUSTICE COURT
    • OUT-OF-STATE CLIENTS
    • TRAFFIC CRIMES
      • Metabolite DUI
      • Alcohol DUI
      • Reckless Driving
      • Alcohol Restricted Driver Charges
      • DL Hearings
    • THEFT CRIMES
    • ALCOHOL CRIMES
      • Intoxication
      • Minor in Possession
      • Open Container
    • ASSAULT CRIMES
    • TRESPASSING CRIMES
    • EXPUNGEMENTS
    • MISDEMEANORS
    • FORFEITURE
    • 402 REDUCTIONS
  • MARIJUANA
    • POSSESSION
    • PARAPHERNALIA
    • INTENT TO DISTRIBUTE
  • FAQs
  • TESTIMONIALS
  • CONTACT

MISDEMEANORS

What is a Misdemeanor in Utah?
The Penalties for a Misdemeanor in Utah
The Collateral Consequences of a Misdemeanor Conviction in Utah
What To Do If You’ve Been Charged with a Misdemeanor in Utah
The Cost of a Misdemeanor Defense Attorney in Salt Lake

What is a Misdemeanor in Utah

Every crime is either an infraction, a misdemeanor, or a felony.  A misdemeanor is any crime for which there is the possibility of jail time, but for which the maximum is one year in jail or less.  Any crime for which you can be sentenced to over a year of incarceration is a felony.  Any crime for which you can’t be sent to jail at all is an infraction.

There are three different levels of misdemeanors in Utah.  Misdemeanor A, B and C.  Misdemeanor A is the most serious and Misdemeanor C is the least serious.

The Penalties for a Misdemeanor in Utah

The maximum penalties are defined by statute.  Here they are:

Misdemeanor A: up to 1 year in jail and a $2,500 fine.

Misdemeanor B: up to 6 months in jail and a $1,000 fine.

Misdemeanor C: up to 90 days in jail and a $750 fine.

These statutory maximums are a little misleading. For one thing, the “maximum” penalties are much different than the “average” penalties.  If you’ve been convicted of a Misdemeanor B, for instance, it’s very unlikely that you’ll be sentenced to 6 months in jail or anything close to it, particularly is it’s your first criminal offense.  It’s more likely that you won’t go to jail at all, or that you’ll only go for a few days. However, it is more likely that you’ll pay close to the statutory maximum in fines, and it is entirely possible that you’ll pay MORE than the maximum.  That’s because most offenses carry a “surcharge” of up to 90% of the maximum.  So, for many misdemeanor B offenses, the actual fine may be up to $1,900.

The Collateral Consequences of a Misdemeanor Conviction in Utah

Collateral consequences are important. Sometimes the collateral consequences of a misdemeanor conviction are more serious than the criminal penalties handed-down by the judge, and they don’t even tell you about them in court!  For many misdemeanors in Utah, a conviction means that you lose your driver’s license for a period of time (for instance: DUI, Minor in Possession, or any drug or paraphernalia offense).  Also, the criminal sentence may include terms such as an interlock device, alcohol and drug treatment, or other various classes.  Many of these classes and requirements cost money, which may be much more than your fine amount.  Also, a conviction for a traffic-related misdemeanor could well cause your insurance rates to go up for several years.

Another major collateral consequence of a Misdemeanor conviction is your criminal record. Background checks are increasingly common for employment, school, and even housing applications. That conviction that didn’t seem like a big deal at the time may not seem that way years later, when you can’t get your dream job because of it.

Because of the collateral consequences associated with criminal convictions, it’s often well worth your time and effort to make sure you get the best result possible.

What to Do If You’ve Been Charged with a Misdemeanor in Utah

I’m a Utah misdemeanor defense attorney, so it’s not surprising that I think everyone charged with a misdemeanor should talk to an attorney.  But it’s not just my self-interest.  Because of the collateral consequences explained above, fighting your charge or knowing the implications of your plea-deal is very important for even a “minor” crime.  An attorney can help. And for a misdemeanor charge, we may be much more affordable than you think.  I offer a free confidential consultation to anyone charged with a crime in Utah, so it can’t hurt to contact me and get some information.

The Cost of a Misdemeanor Defense Attorney in Utah

Of course, every case is a little different, and every attorney is a little different, so it’s impossible to say exactly what a defense attorney will cost in your case.  I can tell you that for some misdemeanor cases in Salt Lake City or nearby, my fees start at under $1000.  On the other end of the spectrum, some Misdemeanor cases are very complicated and average fees may be several thousand dollars.  Whatever sort of charge you’re facing, I’ll discuss it with you during a free initial consultation and tell you exactly how much I would charge. If you decide not to hire me, no harm done.  You can contact me here.

About My Firm

Picture not loaded

Marijuana Crimes

Image not uploaded

Expungements

image not loaded

Alcohol Crimes

image not loaded

Traffic Crimes

image not uploaded

Theft Crimes

image not loaded

Assault Crimes

image not loaded

Local Court Info

Image not uploaded

Rates

Image Not Loaded

Quick Contact Form

Note: Submitting this form doesn't make me your lawyer or obligate you to pay me anything. It's just an easy way to get in touch.
Recognition for Dain Smoland's NORML Membership

Some Posts from My Blog

  • Utah Legislature Temporarily Suspends Expungement Filing Fees!
  • Parolees Become Eligible for 402 Reductions in Utah
  • Utah’s “Clean Slate” Law, and Automatic Expungements
  • Utah Legalizes Medical Marijuana! Kinda! Sort Of!
  • Utah Eases Expungement Eligibility, Especially for Prior Drug Convictions!

Courts Where I Take Cases

I am licensed to practice criminal law anywhere in Utah, but my office is in Salt Lake City so I focus my defense practice on Salt Lake County and the surrounding counties: Weber, Davis, Utah, Summit, Wasatch, Tooele.

That includes any of the state, city, or federal courts located in Salt Lake City, West Jordan, South Jordan, West Valley, Heber, Park City, Provo, Ogden, Farmington, Bountiful, Holladay, Cottonwood Heights, Murray, Millcreek, South Salt Lake, Grantsville, Tooele, Orem, American Fork, Sandy, Draper, Centerville, Layton, Kaysville, and anywhere else within an hour's drive of Salt Lake. I'll also go down to Carbon County (Price and Helper), because I like that drive!

For locations in Utah outside that area, just contact me and we'll talk about it.

Categories of my blog posts

  • 402 Reductions
  • Constitutional Law
    • Fifth Amendment
    • Search and Seizure
  • Drug Laws
    • Marijuana Laws
  • Expungement Law
  • Interesting Legal News
  • Theft Laws
    • Shoplifting
  • Traffic Laws
    • Driver's License Laws
    • DUI Laws
  • Uncategorized

© 2023 Dain Smoland, Attorney at Law PLLC, a Salt Lake City Criminal Defense Attorney