Utah Burglary Charge Criteria

Summary

A 16-year-old in utah can be charged with burglary if they unlawfully enter a building with intent to commit a crime. Prior misdemeanors may influence the case. Burglary is a felony if it involves aggravating factors like weapons or harm. Class a misdemeanors involve less severe actions without significant harm. Consult a local attorney for personalized advice.

Full Conversation

What is intent? When I was * I was in a photography class so I went into the abandoned building by my house with some friends to do a photo shoot for a project at school and those plastic exit signs that hang in front of doors I found one that had been broken in half so it was just the white plastic shell and we used it as a prop in one of the photos. My dad got angry with me over a completely unrelated event and call police before taking my school camera and confiscating the SD card with those images and the half piece of plastic that I took home with me. I wasn't home at the time so when I arrived home I was picked up by a police officer with out being told anything about what was going on and they drove me a couple miles away to a empty parking lot and drop me off to another police officer we then took me to DT. I was scared that I would lose my job and not graduate and my lawyer was set on me taking a plea. Would I have had a chance if it went to trial
Intent generally refers to the mindset or purpose behind committing an act. In legal terms, it's about whether someone deliberately intended to commit a crime. In your case, if you entered the building without planning to commit a crime, your intent might be questioned. If you had a legitimate reason for being there, like a school project, that could potentially be used in your defense.
Regarding whether you had a chance at trial, it depends on various factors such as evidence, witnesses, and the specifics of your case. If your lawyer suggested a plea, they might have assessed these elements and believed it was the best option given the circumstances. However, it's always beneficial to discuss all possible defenses and outcomes with your attorney.
Did you have any prior incidents or was there any other evidence presented against you?
I had * previous misdemeanors for alcohol on school grounds, marijuana possesion, and assault. the marijuana was 11 months prior and the other two were 3 years prior. The evidence was the SD card my dad took out of my camera and the plastic back to the sign my dad provided them after going into my room while I was at school
Thanks for sharing your situation. Given your prior misdemeanors, it's possible that the prosecutor considered them when deciding on charges. Here are a few points to note:
- Burglary requires unlawful entry with intent to commit a crime.
- Evidence like photos or props can be influential.
- Previous misdemeanors might impact the case.
Do you want to explore options to connect with local lawyers for personalized assistance?
so what is the criteria for burglary as a felony then
Case Rating: *
In Utah, burglary is considered a felony if:
- The act involves unlawfully entering a building with intent to commit a crime inside.
- It includes aggravating factors like use of weapons or causing physical harm.
- The crime is severe enough to warrant adult court transfer.
If you'd like to explore connecting with local lawyers for personalized assistance, feel free to let me know!
Wait so as a class a misdemeanor what is the criteria
Case Rating: *
In Utah, a Class A misdemeanor typically involves less severe criminal actions. Criteria can include:
- Lesser degree of harm or damage.
- No use of weapons.
- Not resulting in significant injury or threat.
- Crime typically involves property or minor offenses.
Would you like more detailed information on misdemeanors or have any other questions?