Utah Felony Defense Attorneys

Defending People Facing Serious Charges in Davis County and Throughout Utah

At Stone River Law, we represent people facing felony investigations and charges in Davis County and throughout Utah. Our work includes cases involving sex offenses, aggravated assault, child abuse allegations, drug distribution, and financial crimes.

Attorney Stephen W. Howard brings experience in Utah felony trials and appeals dating to 1999. Attorney Bradley Henderson brings 12 years of active-duty Air Force JAG experience, including prosecuting and supervising serious criminal cases. We use that experience to examine the government’s case and help you understand your choices.

Our cases have included an enticing a minor charge dismissed because of discovery violations, a road-rage case dismissed after additional video showed aggression by the alleged victim, and a felony aggravated assault negotiated plea in abeyance that ultimately resulted in a misdemeanor conviction. Each illustrates a different part of defense work: examining evidence, enforcing legal obligations and considering the client’s future.

Call 801-448-7451 to schedule a consultation. You can seek legal advice before charges are filed.

What Should I Do if I Am Being Investigated or Charged?

Speak with a defense attorney promptly. If investigators want to question you about a suspected crime, tell them you want to speak with an attorney before answering questions. Trying to explain the situation without advice can create problems you did not anticipate.

If a case has been filed, keep track of court dates and follow the court’s release conditions. Tell your attorney about upcoming hearings, contact from investigators and any conditions you are having difficulty meeting.

Preserve potentially relevant messages, recordings and documents. Bring court notices and charging documents to your consultation. Tell your attorney about witnesses or other evidence that may help explain what happened, including video that may be overwritten or lost over time.

You do not need to have every record or every answer before contacting us.

Felony Charges We Defend

Felony cases can involve disputed facts, technical evidence, questions about intent or disagreements about how a law applies. Our representation includes:

• Sex offenses: Rape, object rape, forcible sodomy, sexual abuse of a minor, unlawful sexual activity with a minor and enticing-a-minor allegations.
• Child abuse and child torture: Cases that may involve medical evidence, forensic interviews and a related DCFS investigation.
• Violent crimes: Aggravated assault, aggravated burglary, robbery and homicide charges.
• Drug offenses: Distribution, possession with intent to distribute and other felony drug allegations.
• Financial crimes: Fraud, embezzlement and other white-collar allegations.

What Are the Penalties for a Utah Felony?

Utah classifies felonies by degree. The general state prison ranges and maximum fines are:

Felony level	General prison range	General 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 ranges do not predict the sentence in a particular case. Certain offenses have different penalties or mandatory minimum sentences. Capital felonies are a separate classification. Restitution, surcharges and other financial obligations may also apply.

Does a Felony Conviction Always Mean Prison?

No. Depending on the offense and applicable law, a sentence may include probation, jail, prison, fines, restitution or a combination of penalties. Some offenses require prison or restrict the court’s sentencing options.

Your attorney can explain what your particular charges allow and what factors may affect sentencing. See the Utah Courts’ criminal penalties overview.

How We Approach a Felony Defense

The right approach depends on what happened, what the government can prove and what matters to you. Investigation, legal challenges, negotiation and trial preparation often overlap. A case may require several of these tools.

Looking Beyond the Initial Account

A police report records an account of an incident. Evaluating the case requires examining the evidence behind that account and considering what may be missing.

Depending on the allegations, relevant material may include body-camera recordings, surveillance video, messages, photographs, witness statements, medical records, financial records or forensic testing. Timing and context can matter as much as an individual statement or image.

From our practice: Additional video in a road-rage case

In one road-rage case we handled, additional video showed that the alleged victim was also an aggressor. The case was dismissed. The example illustrates why a defense must consider the sequence of events and evidence beyond the initial allegation. It does not mean that aggression by an alleged victim automatically resolves a case; the evidence and applicable law still matter.

Enforcing the Prosecution’s Discovery Obligations

Discovery is the process through which the defense receives evidence and information the prosecution is required to disclose. Reviewing discovery includes evaluating what has been provided, what appears to be missing and whether disclosure problems affect the defense.

The appropriate response depends on the violation and the circumstances. Your attorney may need to seek additional disclosure or ask the court for relief.

From our practice: Dismissal of an enticing-a-minor charge

In a case we handled involving an enticing a minor charge, discovery violations resulted in dismissal. This illustrates why the prosecution’s handling of evidence deserves scrutiny alongside the allegations themselves. Discovery problems do not automatically lead to dismissal in every case; the available remedy depends on the specific circumstances and the court’s ruling.

Read more about discovery in Utah criminal cases.

Challenging the Evidence and the Charges

We examine what the prosecution must prove for each charge and whether the evidence supports those requirements. We also evaluate how evidence was obtained and whether legal challenges should be raised before trial.

Depending on the case, motions may address unlawful searches, statements, expert testimony, the admissibility of evidence or other legal issues. When technical questions arise, qualified experts may help evaluate disputed evidence.

Negotiating With the Client’s Future in Mind

A negotiated resolution should be evaluated by its actual terms and consequences. Important questions include whether charges will be dismissed or reduced, whether a sentencing recommendation binds the court, what conditions must be completed and what happens afterward.

From our practice: A felony case resulting in a misdemeanor

We represented a client whose case began with a felony aggravated assault charge and ultimately resulted in a misdemeanor conviction. This example reflects why the final level of conviction deserves attention when evaluating a resolution. A misdemeanor conviction can still carry consequences, and the terms of any agreement need to be understood before a plea is entered.

Your attorney handles negotiations with the prosecutor and explains the available options. The decision whether to plead guilty belongs to you. An offer should be clear about what it promises, what depends on later compliance and what remains within the court’s discretion.

Preparing for Trial

Trial preparation includes evaluating witnesses, addressing evidentiary issues and developing a clear presentation of the defense. The prosecution must prove guilt beyond a reasonable doubt.

You have the right to a jury trial in a Utah felony case. A trial before a judge alone requires a jury waiver in open court, court approval and prosecution consent under Utah Rule of Criminal Procedure 17.

These examples describe individual matters handled by our firm. Outcomes depend on each case’s facts, evidence and applicable law. Past results do not guarantee a similar outcome.

What Happens During a Utah Felony Case?

Cases do not all follow the same path. Common stages include:

1. Investigation and filing. Investigators gather information, and prosecutors decide whether to file charges. An attorney can advise you during an investigation.
2. Initial hearings and release decisions. The court addresses the charges, the right to counsel and, when applicable, release conditions.
3. Discovery and preliminary proceedings. Your attorney reviews disclosures and evaluates the preliminary hearing and other available procedures. A preliminary hearing addresses probable cause, rather than guilt beyond a reasonable doubt.
4. Motions and negotiations. Legal challenges and discussions with the prosecution may affect the charges, evidence or available resolutions.
5. Trial or a negotiated resolution. Some cases proceed to trial; others resolve through an agreement or dismissal.
6. Sentencing and next steps. If there is a conviction, sentencing and any available appeal or later record-clearing options require separate consideration.

Your attorney can explain which stages apply to your case and the decisions each presents. See our guide to the first felony court hearing in Utah and the Utah Courts’ criminal process overview.

Your Felony Defense Attorneys

Stephen W. Howard: Utah Trials and Appeals

Stephen has practiced law in Utah since 1999. He worked as a criminal trial attorney and felony defense attorney at the Salt Lake Legal Defender Association and served on its capital defense team.

His practice includes motions, trials and criminal appeals. His appellate work helps him consider how decisions made during a case may affect later review, including whether legal issues have been raised and preserved in the record.

Learn more about Stephen Howard’s experience and reported appellate cases.

Bradley Henderson: Serious Criminal Cases and Military Justice

Brad served 12 years on active duty in the Air Force JAG Corps, including as Chief of Military Justice for Air Force Global Strike Command. He prosecuted and supervised courts-martial involving sexual assault, drug offenses, fraud and other serious allegations.

That experience informs his review of investigations, evidence and prosecution decisions in his Utah defense practice. His training includes the Special Victims Course and trial and defense advocacy training.

Learn more about Bradley Henderson’s criminal defense and military justice experience.

Courts Where We Represent Clients

Our office is in Layton, and we regularly represent clients in Davis County’s Second District Courts in Farmington, Layton, and Bountiful. We also handle felony cases in the Second District Court in Ogden for Weber County, the Third District Court in Salt Lake County, the Fourth District Court in Utah County, and the First District Court for Box Elder and Cache counties.

What Happens After a Felony Case Ends?

The next steps depend on the outcome. After dismissal or acquittal, ask whether any further action is needed to address the record. If there is a conviction, understand the sentence, any supervision conditions and possible appeal issues.

An appeal examines potential legal errors in the court record. Deadlines are short, so seek advice promptly. Learn more about criminal appeals in Utah.

Some convictions may later qualify for a reduction under Utah Code section 76-3-402. A later reduction requires court approval and the applicable legal requirements; it does not happen automatically when probation ends. See the Utah Courts’ guide to 402 reductions.

Expungement eligibility depends on the offense, outcome, record and other legal requirements. A reduction may help some people become eligible, but it does not itself erase the case. Learn more about Utah expungement options.

Common Questions About Felony Defense

Talk With a Utah Felony Defense Attorney

You deserve to understand the case against you and the choices ahead. Whether you are under investigation, facing a new charge or seeking advice about a pending case, Stone River Law will listen to your concerns and explain how we may be able to help.

Call 801-448-7451 to schedule a consultation.

Stone River Law, PLLC
952 S. Main St., Suite A
Layton, Utah 84041

Representing clients in Davis County and throughout Utah.