Amending Criminal Convictions to a Lesser Offense
Under Utah's criminal code (Title 76, Chapter 3, Section 402), it is possible to lower a conviction by one degree if the prosecutor and the judge agree. This statutory provision, commonly known as a 402 reduction, can make a world of difference in the penalties and the long-term ramifications.
At the Salt Lake City law firm of Greg S. Law, PLLC, we always explore this opportunity to help a client who has been convicted of a crime. A 402 reduction, for example, could avoid the black mark of a felony conviction or it might take jail time out of the equation of a misdemeanor conviction.
Our criminal defense lawyers practice throughout Utah. We can determine if your case is eligible to be lowered through a Section 402 reduction of pleas. Contact us today for a free consultation.
Utah Criminal Law Attorneys With Proven Success
In Obtaining 402 Reductions of Convictions
Sometimes even the prosecution agrees that the punishment doesn't fit the crime. At sentencing, the court can enter a conviction for the next lower degree of offense: a third degree felony to a Class A misdemeanor, for example, or a Class B misdemeanor to a Class C. The benefits are numerous:
- A 402 reduction may keep you out of jail or prison.
- It may take you out of convicted felon status, meaning that you retain firearms rights and other civil liberties.
- You could legally say on job applications that you were never convicted of a felony.
- A reduction will make you eligible sooner for expungement of a conviction from your criminal record.
A reduction requires either stipulation by the prosecutor or an argument for leniency based on the circumstances, your criminal history and your character. Section 402 reductions are common in drug cases, when a conviction for a small quantity of illegal substances could otherwise mean a felony record and jail time.
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Call Greg S. Law, PLLC at 801-428-1029 local or 888-784-3554 toll free.
Some crimes, such as violent felonies or sex offenses, cannot be reduced under Section 402. If your case is eligible, it is not automatic; the skill of your attorney matters in convincing the prosecutor or the court to peel back one layer of punishment.
Call either of the numbers above for a free consultation with our Salt Lake City defense attorneys or contact us online with a brief e-mail message. We accept major credit cards.