While the elements of burglary differ from one state to another, it’s generally defined as trespassing into another individual’s property or building with the intention of committing another felony.
In Utah and most states, the penalties for burglary would depend on the other elements or aggravating factors of the crime that accompanied the initial crime of burglary.
How to Determine Penalties for Burglary in Utah
The key factor when determining burglary penalties in Utah is the type of property that the offender broke into and entered. If it was a dwelling, the offense would be considered a second-degree felony, says a top criminal defense lawyer in Provo. Under the Utah Code, a dwelling is any building or property that is occupied by an individual who lodges in it during the night, regardless if an individual is present in the building or not. In case the property isn’t a dwelling, the offense would be a third-degree felony.
For a third-degree burglary felony, you could face up to five years of imprisonment and $5,000 in fines. But since there’s no actual minimum time for imprisonment, it’s possible that you only get probation, depending on the factors that aggravated the burglary case.
For a second-degree burglary felony, on the other hand, the potential penalties are harsher because trespassing into another individual’s home is worse than trespassing a standard property where no one dwells or sleeps. The potential penalties include one to 15 years imprisonment and up to $10,000 in fines.
Other Important Notes on Aggravating Factors
Because burglary involves the intention of committing another criminal offense, you might likewise be charged with the other crime. Take note that burglary only requires the “intention of committing” another crime, so it won’t matter if you succeeded in committing the other crime or not. This generally means you might be charged with burglary alone or burglary and the other attempted crime or charged with burglary and the other successfully-committed crime.
Because of the severity of the potential penalties for burglary, you need an experienced criminal defense lawyer to help with your case and increase your chances of gaining a favorable ruling.
