Navigating the Consequences of Third-Degree Felonies in Utah: Alternatives to Protect Your Clients

As criminal defense attorneys, we often encounter clients who, while technically guilty of a third-degree felony (F3) in Utah, do not deserve the severe punishment or long-term collateral consequences associated with such a conviction. Consider the case of a 19-year-old charged not only with possessing a THC vape—a class B…
attorney meeting with client at desk

As criminal defense attorneys, we often encounter clients who, while technically guilty of a third-degree felony (F3) in Utah, do not deserve the severe punishment or long-term collateral consequences associated with such a conviction. Consider the case of a 19-year-old charged not only with possessing a THC vape—a class B misdemeanor—but also with distributing it to (sharing with) friends. In Utah, the distribution of THC is classified as a third-degree felony. In such situations, the risks of going to trial often outweigh the potential benefits, even when a prosecutor insists on a felony plea upfront.

Understanding the Impact of a Third-Degree Felony Conviction

A first-time conviction for a third-degree felony in Utah may not always result in jail or prison time despite the maximum penalty being five years of incarceration. However, the collateral consequences can be just as damaging whether or not your client spends time behind bars. These include:

  • The stigma of being labeled a convicted felon
  • Potential loss of voting rights in some states
  • Restrictions on firearm possession and use
  • Barriers to certain employment opportunities
  • Challenges in joining the military

Exploring the 402 Reduction as a Viable Option

One common approach to mitigating these harsh consequences is the “402 reduction” under Utah Code §76-3-402. Although, with a 402 reduction, the court can reduce the charge from a third-degree felony to a misdemeanor after your client has successfully completed probation or parole, the process has its drawbacks:

  • Your client remains a convicted felon from the date of the guilty plea until the reduction, enduring years of the associated consequences.
  • Probation for a third-degree felony typically lasts three years—an extended period for someone to carry the burden of a felony conviction.

Leveraging the Plea-in-Abeyance (PIA) as a Strategic Alternative

Another often underutilized option is the Plea-in-Abeyance (PIA). While many attorneys view the PIA as a tool just for getting charges dismissed, it can also serve as a strategic solution when a prosecutor demands a criminal conviction. The PIA can allow your client to plead guilty to a third-degree felony, which is then held in abeyance for a period of time (typically 2 years). After this period, the plea is entered as a class A misdemeanor, provided your client complies with the terms.

Advantages of the PIA over the 402 Reduction

The PIA offers several significant advantages:

  • Avoiding a Felony Conviction: Your client never has a felony conviction on their record unless they violate the terms of the PIA.
  • Streamlined Process: The plea automatically converts to a misdemeanor as long as your client does not violate the PIA without requiring additional legal action, unlike the 402 reduction, which needs a motion after completing probation or parole.
  • Flexible Supervision: The PIA does not require formal supervision like a third-degree felony, allowing for private or even informal court probation.
  • Freedom of Movement: Without a felony conviction, your client can leave Utah without getting permission and/or navigating the interstate compact system.

Real-Life Applications

At Stone River Law, we’ve successfully implemented this strategy in numerous cases. For example, we represented a young man from the East Coast who was arrested while visiting Utah. He had recently graduated from college and could not afford to start his career with a felony conviction. Nor could he relocate to Utah for probation. The PIA provided a solution that allowed him to avoid a felony record and continue with his life.

In another case, a client sought to take responsibility for his actions but needed the freedom to move outside of Utah and start anew. The PIA facilitated this transition, enabling him to avoid the complications of the interstate compact and begin his life without the burden of a felony conviction.

Conclusion: Protecting Your Client’s Future

Not everyone who commits a third-degree felony in Utah deserves the full weight of its consequences. Understanding and utilizing options like the 402 reduction and the Plea-in-Abeyance can help your clients avoid the lifelong repercussions of a felony conviction. These tools allow for tailored solutions that align with your client’s needs and circumstances, ultimately safeguarding their future.

Originally Published: August 12, 2024

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