Depending on the facts, burglary (domestic violence) can be charged as a 2nd or 3rd degree felony.
A defendant commits a 2nd degree felony burglary (domestic violence) when theyin a or any portion of the dwelling with the intent to commit:
A defendant commits a 3rd degree felony burglary (domestic violence) when they enter or remain unlawfully in a building or any portion of a building with intent to commit:
3rd degree felony: A fine not to exceed $5,000, plus a 90%
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
2nd degree felony: A fine not to exceed $10,000, plus a 90% .
(Utah Code Ann. §76-3-203(1)(a), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
A defendant convicted of a 2nd or 3rd degree felony burglary (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
A defendant convicted of burglary (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))
Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism
rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent
to the release of an offender who has been arrested for domestic violence, it was the finding of the
Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is
substantial evidence to support the charge, and if the court finds by clear and convincing evidence
that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic
violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))
In addition to penalties otherwise provided by law, the court may:
The court will:
Learn more about crimes related to Burglary (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.