Russell Pietryga

  • Appeals & Appellate, Criminal Law, Domestic Violence...
  • Utah
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Claimed Lawyer ProfileQ&A
Practice Areas
  • Appeals & Appellate
  • Criminal Law
  • Domestic Violence
  • DUI & DWI
  • Juvenile Law
  • Traffic Tickets
Additional Practice Area
  • Constitutional Law
Fees
  • Free Consultation
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Utah
Languages
  • English: Spoken, Written
Education
Thomas M. Cooley Law School
Eastern Michigan University
Public Law and Government
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Professional Associations
Utah State Bar # 08428
Member
Current
Utah Criminal Defense Associtation
Member
-
Legal Answers
8 Questions Answered

Q. Is it legal for a 16 and 21 year old to date in Utah?
A: Utah Code 76-5-401.2 prohibits a person person from having any sexual conduct with a minor if, the person is 10 or more years older than the minor. The 21 year old is less than 10 years older than you. So, as long as, the sexual conduct is consensual the 21 year old cannot get charged with a crime. Hope this helps.
Q. How much time in prison, per charge, would someone get for sexual exploitation of a minor?
A: Sexual exploitation of a minor (Utah Code 76-5b-201) Degree-2nd Degree Felony Elements-A defendant commits sexual exploitation of a minor: when they: knowingly produce , possess, or possess with intent to distribute child pornography ; or intentionally distribute or view child pornography; or if the defendant is a minor’s parent or legal guardian and they knowingly consent to or permit the minor to be sexually exploited. Fine-2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. Restitution-The court may require the convicted person to pay restitution. Imprisonment-2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. Sexual Offender Registration-Lifetime registration. DNA Specimen Analysis-A defendant convicted of a 2nd degree felony sexual exploitation of a minor must provide a DNA specimen. Firearms-May not posses, use or have control of a firearm or ammunition for life. Hope this helps.
Q. In utah is "theft" a felony or a misdemeanor? what is the law code?
A: Theft(Utah Code 76-6-404) Degree- Depending on the facts, theft can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor. Elements-A defendant commits a 2nd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is or exceeds $5,000; property stolen is a firearm or an operable motor vehicle; the defendant was armed with a dangerous weapon at the time of the theft; or the property is stolen from the person of another. A defendant commits a 3rd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen exceeds $1,500 but is less than $5,000; the defendant has been twice before convicted of: attempted theft; theft; any robbery; any attempted robbery; any burglary with intent to commit theft; any attempted burglary with intent to commit theft; any offense under Utah Code 76-6 5, Fraud; or any attempt to commit an offense under Utah Code 76-6-5, Fraud. A defendant commits a 3rd degree felony theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and, in a case not amounting to a 2nd degree felony, the property taken is a stallion, mare, colt, gelding, cow, heifer, steer, ox, bull, calf, sheep, goat, mule, jack, jenny, swine, poultry, or a fur-bearing animal raised for commercial purposes. (Note, any defendant convicted of under this section is civilly liable for 3 times the amount of actual damages, if any sustained by the plaintiff, and for costs of suit and reasonable attorney fees. A defendant commits a class A misdemeanor theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is or exceeds $500 but is less than $1,500. A defendant commits a class B misdemeanor theft when they obtain or exercise unauthorized control over the property of another with the purpose to deprive them thereof and the value of the property or services stolen is less than $500. Fine-2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. 3rd degree felony: A fine not to exceed $5,000 , plus a 90% surcharge. Class A misdemeanor: A fine not to exceed $2,500 , plus a 90% surcharge. Class B misdemeanor: A fine not to exceed $1,000 , plus a 90% surcharge. Restitution- The court may order a defendant convicted of this crime to pay restitution. Imprisonment-2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. 3rd degree felony: A term of imprisonment not to exceed 5 years. Class A misdemeanor: A term in jail not to exceed 1 year. Class B misdemeanor: A term in jail not to exceed 6 months. DNA Specimen Analysis-A defendant convicted of a class A misdemeanor, 2nd degree felony or 3rd degree felony theft must provide a DNA specimen. Hope this helps.
Q. What are normal conditions of probation for a Class B/C Misdemeanor?
A: Depends on the underlying offense. For instance, a DUI class B misdemeanor will have some mandatory terms of probation. Where other offenses may simply have community service, fine, and no further violations. You would have to tell me exactly what you were charged with before I could tell you what the usual terms of probation are. Hope this helps.
Q. Do you know what the minimum and max time requirements are for a class 3 felony burglary in tooele county utah?
A: Burglary (Utah Code 76-6-202) Degree- Depending on the facts, burglary can be charged as a 2nd or 3rd degree felony. Elements-A defendant commits a 2nd degree felony burglary when they enter or remain unlawfully in a dwelling or any portion of the dwelling with the intent to commit: a felony; theft; an assault on any person; lewdness; sexual batter, lewdness involving a child; or voyeurism. A defendant commits a 3rd degree felony burglary when they enter or remain unlawfully in a building or any portion of a building with intent to commit: a felony; theft; an assault on any person; lewdness; sexual battery; lewdness involving a child; or voyeurism. Fine-3rd degree felony: A fine not to exceed $5,000 , plus a 90% surcharge. 2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. Restitution-The court may order a defendant convicted of this crime to pay restitution. Imprisonment-3rd degree felony: A term of imprisonment not to exceed 5 years. 2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. DNA Specimen Analysis-A defendant convicted of a 2nd or 3rd degree felony burglary must provide a DNA specimen. Firearms-A defendant convicted of a 2nd or 3rd degree felony burglary may not posses, use or have control of a firearm or ammunition for life. Hope this helps.
Q. In utah a aggravated assult what are possiable charges
A: Degree- An aggravated assault is a 3rd degree felony unless the victim suffers a serious bodily injury , in which case it can be charged as a 2nd degree felony. Elements- A defendant commits an aggravated assault when they commit an assault and use: a dangerous weapon ; or other means or force likely to produce death or serious bodily injury. Fine- 3rd degree felony: A fine not to exceed $5,000 , plus a 90% surcharge. 2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. Restitution- The court may order a defendant convicted of this crime to pay restitution. Imprisonment- 3rd degree felony: A term of imprisonment not to exceed 5 years. 2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. DNA Specimen Analysis-A defendant convicted of a 2nd or 3rd degree felony aggravated assault must provide a DNA specimen. Firearms- May not posses, use or have control of a firearm or ammunition for life. Hope this helps.
Q. Do I u need an atty to fight charges including drugs when there has been a past? Can it be fought with public defender?
A: It is wise to have an attorney anytime you are charged with a crime. If your friend cannot afford an attorney the court will appoint an attorney to represent him. A public defender is an attorney and they can represent(i.e., fight for)your friend. The sooner your friend requests a public defender or hires an attorney the better. There are a lot of things an attorney can do for your friend. The sooner they get started the better.
Q. What does sexual exploitation of a minor 2nd degree felony mean? What qualifies this as a charge?
A: In Utah, defendant commits sexual exploitation of a minor: when they: knowingly produce , possess, or possess with intent to distribute child pornography ; or intentionally distribute or view child pornography; or if the defendant is a minor’s parent or legal guardian and they knowingly consent to or permit the minor to be sexually exploited. Fine-2nd degree felony: A fine not to exceed $10,000 , plus a 90% surcharge. Restitution-The court may require the convicted person to pay restitution. Imprisonment-2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. Sexual Offender Registration-Lifetime registration. DNA Specimen Analysis-A defendant convicted of a 2nd degree felony sexual exploitation of a minor must provide a DNA specimen. Firearms-May not posses, use or have control of a firearm or ammunition for life. Hope this helps.
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USA
Telephone: (801) 505-1586