An arrest for a serious offense can affect various aspects of a person’s life. A defendant convicted of a criminal offense could have difficulty finding employment, finding housing, and owning weapons because of the restriction that comes with the charges. Under these circumstances, it may be wise to consider applying for a criminal offense reduction, which can help alleviate many issues for a person. If you or a family member are interested in filing for a 402 reduction, you should consult with an experienced Salt Lake City 402 reduction attorney today.
At Overson & Bugden, we understand how a conviction for a particular offense can affect a person’s future, and we are here to offer you the legal representation you deserve. A 402 reduction can benefit a person in a number of ways, and we can help guide you through the process. To schedule a free legal consultation, contact Overson & Bugden, at (801) 758-2287. You may also contact the firm online.
Requirements for a 402 Reduction in Salt Lake City, Utah
A 402 reduction, also known as a 402 motion, allows a person to reduce the grade of a previous conviction under certain circumstances. The State of Utah will not award a person with a 402 reduction simply after a certain amount of time has passed, an individual must file for the reduction.
There are a number of requirements that must be met before a person can receive a 402 reduction. One of the first requirements is that an individual must have completed all conditions of their probation. This means if you violated a condition of your probation, you may be unable to seek a 402 reduction. Additionally, a person is required to have paid all fines and restitution related to their previous offense.
If you were convicted of a crime that required you to register as a sex offender, there could be other complications. A person can only file for a 402 reduction once they are no longer required to register as a sex offender.
Next, a court will only approve a 402 reduction if they believe that it would serve in the interest of justice. For example, if a defendant received a harsh sentence or has made an effort to turn their life around, the court may consider these circumstances when performing a 402 reduction.
A person cannot petition for a 402 motion if the grade of their offense was already reduced through a plea in abeyance agreement. Plea in abeyance agreements reduces the charge of an offense if a defendant pleads guilty or no contest, and completes the certain requirements proposed by the prosecutor in the case.
It is important to note that a person can only reduce their conviction by one degree under most scenarios. However, a person can reduce the grade of their offense by two levels provided that they receive the consent of the prosecutor and have satisfied all other requirements. Offenses cannot be reduced by more than two grades under any circumstances.
To learn more about filing a reduction and how it can affect your gun ownership, continue reading and speak with an experienced Salt Lake City criminal defense attorney.
How to File a 402 Motion for Prior Criminal Charges in Salt Lake City
In Utah, a person can lose the rights to gun ownership if they are convicted of a certain offense. Generally, there are two categories of people that are restricted from owning a firearm: Category I and Category II.
Category I individuals are people that have been convicted of violent felonies like aggravated assault, rape, aggravated robbery, kidnapping, murder, and many other related offenses. Additionally, if you are on probation for any felony or on parole from a detention center, you are not permitted to own a firearm. Illegal aliens in the United States are also classified under Category I and cannot own a firearm.
Category II restrictions are also far-reaching. For example, if you were convicted of any felony or use illegal drugs, you will be unable to own a gun. Additionally, any individuals that were committed to a mental health institution or dishonorably discharged from the military will be unable to own a firearm in Utah.
This is not an exhaustive list of gun ownership restrictions in the State of Utah.
As many people cannot own a firearm if they were convicted of a felony, a 402 reduction can help a person restore their gun ownership rights. For example, if a gun owner was convicted of a third degree felony, a 402 reduction can change their offense to a Class A misdemeanor or even a Class B misdemeanor. As a result, a person would no longer be included in the categories of people that cannot own a gun.
Our firm can help you get started with your 402 motion. We can help analyze the circumstances of your case to determine your legal options for reinstating your gun ownership rights.
Work with Our Salt Lake City 402 Reduction Attorney for Gun Ownership
If you require legal assistance to file for a 402 offense reduction, contact an experienced Salt Lake City 402 reduction lawyer as soon as possible. Criminal defense lawyer Darwin Overson possesses over a decade of legal experience, and he would be honored to work with you. To schedule a free legal consultation to discuss your claim, contact Overson & Bugden, at (801) 758-2287.