Utah Felony Defense Attorneys in Layton

Facing felony charges can leave you worried about your freedom, your family, and your future. Stone River Law represents people facing felony charges throughout Utah from our office in Layton.

Attorneys Bradley Henderson and Stephen Howard work with our criminal defense team to examine the evidence, explain your options, and prepare a defense based on the facts of your case. Our work can begin during an investigation, before charges are filed, and continue through negotiations, motions, and trial.

This page explains felony classifications and what to expect during a criminal case. For advice about your situation, contact us to request a consultation.

What is a Felony?

Felony charges include the most serious criminal charges on the books in Utah. The key defining characteristic of a felony charge is the length of potential incarceration. Put simply, a charge punishable by more than a year in jail or prison is classified as a felony.

What Are the Potential Penalties for a Felony Conviction?

Utah’s general prison ranges and maximum fines for first-, second-, and third-degree felonies are:

Felony level	General prison range	Maximum fine
First degree	Five years to life	$10,000
Second degree	One to 15 years	$10,000
Third degree	Zero to five years	$5,000

These are general statutory ranges, not a prediction of the sentence in a particular case. Certain offenses carry different penalties or mandatory minimum sentences. Capital felonies are a separate classification. Additional financial obligations, including restitution and surcharges, may also apply.

Whether a case results in prison, jail, probation, or another outcome depends on the offense, applicable law, and circumstances of the case. Your attorney can explain the penalties associated with your specific charges.

See the Utah Courts’ overview of criminal penalties for additional information.

What kind of charges can be filed as felonies?

Felony charges include a wide range of criminal topics. Violent crimes and sex-related offenses are some of the most serious. But felony cases can also include property and financial crimes, drug-related charges, white-collar crimes, and fraud.

Under Utah law, some misdemeanor charges can be enhanced to the felony level based on aggravating factors established by statute. Other misdemeanor charges can be raised to the felony level if the person charged has a record of prior convictions for similar offenses.

What Should I Do if I Am Facing Felony Charges?

Being charged with a felony can affect your life before the case is resolved. Speak with a defense attorney promptly, keep track of court dates, and follow any release conditions the court has imposed.

An attorney can help you understand the allegations, preserve relevant evidence, and evaluate your options. You do not need to wait until your first court appearance to seek legal advice.

What happens before court?

Police may contact you before charges are filed. Before answering questions about a suspected crime, you can tell the officer that you want to speak with an attorney. Understanding your rights in a Utah criminal case can help you make informed decisions during an investigation.

When prosecutors make a decision to file a case, they have the option of asking the court to issue an arrest warrant or to issue a summons. Communicating with the prosecution through your defense attorney can help reduce the risk of being blind-sided by an arrest warrant. Your attorney can also walk you through options for dealing with a warrant, bail and bond options, and the possibility of arranging for pre-trial services supervision in lieu of bail.

What are my options in court?

Court processes in a felony case are more complicated than what is involved in a misdemeanor case. But the basic outline is similar.

Your attorney should make sure that the prosecution has disclosed all necessary discovery materials. This can include more than just police reports and witness statements. Video and audio recordings, dispatch call logs, financial records, evidence and property inventory reports, affidavits filed in support of a warrant request, and other items may be involved. Independent investigation is sometimes appropriate.

Negotiations play a role in most felony cases. Engaging in negotiations does not obligate you to accept an offer, but it can expand the options that may be available to you.

A felony case may include a preliminary examination, where the court considers whether there is sufficient evidence for the case to proceed. Your attorney can explain that hearing and the consequences of waiving it. Your attorney should also evaluate whether pretrial motions are appropriate, including motions to suppress evidence or limit what may be presented at trial.

If the case proceeds to trial, your attorney can explain your jury-trial rights and whether a bench trial—a trial decided by a judge—may be available and appropriate. That decision should reflect the evidence, legal issues, and circumstances of your case.

What Happens After Court?

If your case is dismissed or you are found not guilty at trial, ask your attorney whether and when you qualify for expungement. Dismissal or acquittal does not necessarily remove the case from your record automatically.

If you are convicted, your attorney can explain the sentence, any probation conditions, and whether there are grounds for an appeal. Probation supervision and requirements depend on the court’s order and the circumstances of the case.

You may also qualify for a 402 reduction or expungement later. Eligibility depends on the conviction, your record, and other legal requirements.

Talk with a Utah Felony Defense Attorney

You deserve to understand the charges against you and the choices ahead. Our team will listen to your concerns, review the available information, and explain how we can help.

Learn more about Stone River Law’s criminal defense team, or contact our Layton office to discuss representation. We represent clients throughout Utah.

Call 801-448-7451 or request a consultation.

Bradley Henderson leads the criminal defense team at Stone River Law, representing clients statewide in a range of criminal matters, with a focus on strategic defense and client advocacy.