What is an Enhanceable Criminal Offense in Utah?
Enhanceable offenses are anything the Utah Legislature says they are. Enhanceable offense are when you are already convicted of an enhanceable offense and you are convicted of same offense again within the applicable look back period.
Common look back periods can be five or ten years, but offenses have lifetime look back periods.
Example of Enhanceable Offenses.
In 2018 you are convicted of a DUI in Provo, Utah. In 2022 you are convicted of another DUI in Orem, Utah. Your 2nd DUI charge will have enhanced penalties. The applicable DUI look back period is 10 years.
Enhanced Penalties or Enhanced Charging.
Enchanceable offenses can be enhanced by the penalties they carry, or the charged degree can be increased.
Enhanced Penalties DUI 2nd Offense. A 2nd DUI within the 10 year look back period carries enhanced sentencing and sanctions, but is still a Class B Misdemeanor like a 1st DUI. Just more days in jail for a 2nd DUI within the 10 year look back period.
Enhanced Penalties 3rd DUI Offense. A 3rd DUI within 10 years is upgraded to a third degree felony and the mandatory minimum jail times jumps to 60 days or prison can be imposed.
Enchanced DUIs with Kids in Cars. A 1st DUI charge is enhanced to a Class A Misdemeanor if you have any kids in the car under the age of 15. Even though a 1st DUI would normally have been a Class B Misdemeanor.
Enhanced Domestic Violence Offenses.
Three qualifying domestic violence convictions within the 10 year look back period is enhanced to a third degree felony. Two domestic violence convictions within the 10 year look back period is a Class A Misdemeanor.
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Qualifying domestic violence crimes are defined by statute and generally include all DV tagged criminal offenses. “ DUIs like offenses” are the same way. You don’t have to get a 41-6a-502 DUI to be enhanced. DUIs, Drugged DUIs, Metabolite and Impaired Driving are all qualifying “DUI like offenses” eligible for DUI enhanced penalties and charges.
Pleading Down Enhanced Offenses.
Choosing a Utah criminal defense attorney who can help you plead down an enhanced criminal charge can be a great benefit. Sometimes if you are charged with a 2nd offense domestic violence, you can convince the prosecutor to avoid the ehancements and allow you to plead to a first time domestic violence charge.
Utah Criminal Defense Attorney Jake Gunter. Call/TXT (801) 373-6345. Ask for Jake. Let his nearly 20 years’ experience work for you.
Common Enhanced Offenses in Utah
13-26-8(1)(A) TELEPHONE SOLICITOR PROHIBITED PRACTICES 26-23-5(1) FALSE STMNT TO VITAL RECORDS BY FILING CERT/RECORD/REPORT 26-23-5(2) MAKE/ALTER/MUTILATE CERTIFICATE RECORD W/ INTENT TO DECEIVE 26-23-5(2) MAKE/ALTER/MUTILATE CERTIFICATE RECORD W/ INTENT TO DECEIVE 26-23-5(4) POSSESS RECORD/CERTIFICATE/REPORT KNOWN TO BE STOLEN 26-23-5(5) IMPROPER REMOVAL OF DECEASED PERSON 41-6A-1712 LITTERING 41-6A-1716 USE HANDHELD DEVICE TO TEXT/EMAIL WHILE OPERATING VEHICLE 41-6A-1716(2)(D) USE HANDHELD DEVICE TO VIEW/RECORD VIDEO WHILE OPERATING VEH 41-6A-1716(4)(A) TEXTING OR EMAILING WHILE DRIVING 41-6A-209(2)(A) SPEEDING IN A CONSTRUCTION/MAINTENANCE ZONE IMPAIRED DRIVING. DUI. METABOLITE DRIVING (DRUGGED DRIVING). FELONY DUI, ETC. ALL DOMESTIC VIOLENCE OFFENSES. 58-37-6(7)(J) LICENSED PRACTITIONER ADMINISTERS C/S IN EXCESS QUANTITY 58-37-6(7)(K) LIC PRACT NOT TO DISPENSE CONTROLLED SUB KNOWING ID IS FALSE 58-37-6(10) MEDICAL RESEARCHER NOT TO PRESCRIBE, DISPENSE CONTROL SUBST 58-37-7 VIOLATION OF LABELING / PACKAGING CONTROLLED SUBSTANCE ALL DRUG OFFENSES UNDER UTAH LAW 58-37-8(2)(E) POSSESSION OF C/S WITHIN A CORRECTIONAL FACILITY 58-37-8(2)(D) POSSESSION OF CONTROLLED SUBSTANCE MARIJUANA/SPICE 72-7409(6)(B)(II){2ND} FAILURE TO SECURE LOAD - ACCIDENT - 2ND/SUBSEQUENT W/IN 6 YRS NO INSURANCE 72-7409(6)(B)(II){2ND} FAILURE TO SECURE LOAD - ACCIDENT - 2ND/SUBSEQUENT W/IN 6 YRS 7 76-10-508(1)(A)(IV) DISCHARGE FIREARM FROM VEHICLE AT PUBLIC UTILITY/FACILITIES 6-10-1102(1)GAMBLING OR ALLOWING GAMBLING PROSTITUTION OR SOLICITING A PROSTITUTE 76-10-1109 THEFT BY CONFIDENCE GAME 76-10-508 DISCHARGE OF FIREARMS 76-10-508(1)(A)(I) DISCHARGING OF FIREARMS FROM A VEHICLE 76-10-508(1)(A)(IV) DISCHARGE FIREARM FROM VEHICLE AT PUBLIC UTILITY/FACILITIES MANY WEAPONS CHARGES ASSAULT, STALKING, AGGRAVATED ASSAULT 76-5-109.1(2)(C) DOM VIOL IN THE PRESENCE OF A CHILD 76-5-401 UNLAWFUL SEXUAL ACTIVITY WITH A MINOR 76-5-401(3)(B) UNLAWFUL SEXUAL ACTIVITY WITH A MINOR DEF < 4 YEARS OLDER MOST ALL SEXUAL OFFENSES. SEXUAL BATTERY ARSON AND FIRE OFFENSE 76-6-104(1)(D) RECKLESS BURNING 76-6-107 GRAFFITI VIOLATIONS 76-6-108(2)(A) INTERRUPTION/INTERFERENCE OF A COMMUNICATIONS DEVICE 76-6-206 CRIMINAL TRESPASS. MOST TRESPASS OFFENSES 76-6-902 CULTURAL SITE PROTECTION DISORDERLY CONDUCT 76-9-201ELECTRONIC COMMUNICATION HARASSMENT BIG GAME POACHING VIOLATIONS OVERWEIGHT TRUCKER OFFENSES