Jurisdiction for Felony Cases in Utah
Third-degree felony cases in Utah are handled by the district courts, which have the authority to hear and decide on felony cases. Utah is divided into eight judicial districts, each serving specific counties:
- First District: Box Elder, Cache, and Rich counties.
- Second District: Davis, Morgan, and Weber counties.
- Third District: Salt Lake, Summit, and Tooele counties.
- Fourth District: Juab, Millard, Utah, and Wasatch counties.
- Fifth District: Beaver, Iron, and Washington counties.
- Sixth District: Garfield, Kane, Piute, Sanpete, Sevier, and Wayne counties.
- Seventh District: Carbon, Emery, Grand, and San Juan counties.
- Eighth District: Daggett, Duchesne, and Uintah counties.
Prosecuting Felonies
Felony cases can be prosecuted by various prosecution offices, depending on the location and nature of the crime. But prosecutors in cases involving felony charges act on behalf of the State of Utah – not their local city or county.
- Attorney General (AG): The AG, an elected official, is the chief legal officer of the state, handling cases of statewide importance or those involving state agencies. The AG’s office may also assist local prosecutors with complex cases.
- District Attorneys (DA): In counties like Salt Lake County, the chief prosecutor is known as the District Attorney. The DA’s office handles felony and misdemeanor cases within the county and provides legal advice to county officials.
- County Attorneys: In most other Utah counties, County Attorneys serve essentially the same role as District Attorneys. They oversee criminal prosecutions and represent the county in legal matters. Examples include the Davis County Attorney’s Office and the Weber County Attorney’s Office.
- City Attorneys: City attorneys handle legal matters for city governments, including prosecuting misdemeanors and infractions. However, they do not normally prosecute felony cases, which are outside the scope of their authority. Some cities may have a city prosecutor cross-deputized with the district or county attorney, but in those circumstances the city prosecutor is acting under the direction of the district or county attorney.
Third-Degree Felonies – Common Examples
Several offenses in Utah are classified as third-degree felonies. Some common examples include:
- Drug Possession/Intent to Distribute: Possession or distribution of a controlled substance can be filed at the felony level. The exact level of the charge will depend on intent, the specific substance involved, and whether the person charged has prior convictions.
- Theft: Involving property valued between $1,500 and $5,000.
- Assault: Aggravated assault that causes substantial bodily injury or involves a dangerous weapon.
- Fraud and Forgery: Identity theft, embezzlement, credit card fraud, and creating or using false documents with intent to defraud.
- Driving Under the Influence (DUI): A third offense within ten years.
- Burglary: Entering a building (non-residential) with intent to commit theft or another felony.
- Child Abuse: Acts resulting in physical injury can be charged as a third-degree felony.
- Perjury: Lying under oath in official proceedings.
Finding the Right Attorney
Understanding the legal framework, the prosecutorial process, and the common charges associated with third-degree felonies can be crucial for building a defense. If you or a loved one is facing a third-degree felony charge, seeking experienced legal counsel is essential to navigate the complexities of the legal system and pursue the best possible outcome.
For personalized legal advice and representation, contact our office to schedule a consultation today.