Free Consultation: (801) 505-1586Tap to Call This Lawyer

Russell Pietryga

25 years of experience
Appeals & Appellate, Criminal Law, Domestic Violence ...
Utah

Review This Lawyer

Badges

Claimed Lawyer ProfileQ&A

Practice Areas

Appeals & Appellate: Civil Appeals, Federal Appeals

Criminal Law: Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes

Domestic Violence: Domestic Violence Criminal Defense, Domestic Violence Restraining Orders

DUI & DWI

Juvenile Law

Traffic Tickets: Suspended License

Additional Practice Area

Constitutional Law

Fees

Free Consultation
Credit Cards Accepted

Jurisdictions Admitted to Practice

Utah
Since 1999

Languages

English: Spoken, Written

Education

Thomas M. Cooley Law School: 1998

Eastern Michigan University: Public Law and Government; 1991 - 1995

Professional Associations

Utah State Bar # 08428: Member; Current

Utah Criminal Defense Associtation: Member; 2010 - 2012

Websites & Blogs

Website: Website

Blog: Utah DUI Legal

Blog

Legal Answers

8 Questions Answered

Q. Is it legal for a 16 and 21 year old to date in Utah?: June 18, 2013; 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?: August 19, 2012; 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. ... Read More

Q. In utah is "theft" a felony or a misdemeanor? what is the law code?: August 19, 2012; 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. ... Read More

View More Answers ›

Contact & Map

1547 Bryan Avenue

Salt Lake City, UT 84105

Telephone: (801) 505-1586

Download vCard