Penalties For Use Of Weapon During Violent Crime
Under Utah Statute 76-3-203.8, violent crime offenses that involve weapons can carry additional penalties. This occurs only if the prosecution establishes, beyond a reasonable doubt, that a dangerous weapon was used in the felony act. Sentencing includes:
- If there is no minimum sentence, it us automatically increased to a minimum of one year
- The possible sentence may increase to an additional five years over what is applicable by law in 2nd or 3rd degree felony situations.
Additionally, a person who was party to the felony offense can also face increased punishments. The prosecution is responsible for proving both that a dangerous weapon was used and the defendant was aware that the weapon was present during the felony act.
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