Utah Class A Misdemeanor Punishment: Jail, Fines, and Probation

A Class A misdemeanor is the most serious misdemeanor offense in Utah, and the punishment can reach 364 days in county jail plus a $2,500 fine that grows to $4,750 once the state’s 90% surcharge is added.¹² A conviction also opens the door to up to three years of probation, firearm restrictions in domestic violence and assault cases, and immigration exposure for noncitizens. What a judge actually orders depends on the offense, your record, and whether the case is resolved by plea.

Jail Time

The statutory maximum is 364 days in county jail for most Class A misdemeanors.¹ There is one exception. Class A misdemeanors under Title 76, Chapter 5, which covers offenses against the individual such as assault, carry a maximum of one full year — 365 days. That single-day difference has real consequences for noncitizens, discussed further down.

Judges rarely impose the full maximum. Sentence length turns on the specific offense, prior criminal history, and any mitigating or aggravating facts. Plea agreements often trade a guilty plea for reduced jail time. A split sentence is also common: the court orders a short jail term, then releases you onto probation for the balance. Time you spend in custody before sentencing counts against the total.

Class A misdemeanor sentences are served in county jail rather than state prison.³ Some counties run work release programs that let sentenced defendants keep a job, but eligibility depends on the facility and the offense.

Fines, Surcharges, and Restitution

The base fine tops out at $2,500.² The number on the judgment, though, is not the number you pay. Utah adds a mandatory 90% surcharge to Class A misdemeanor fines, so a $2,500 fine becomes $4,750 out the door.⁴ The judge cannot waive or reduce the surcharge.

Court administrative fees are stacked on top and vary by jurisdiction. If your offense caused financial loss, the court can order restitution paid directly to the victim to cover things like medical bills, property damage, or lost wages. Restitution is not subject to the 90% surcharge. Interest on unpaid misdemeanor fines is capped at 25% of the original fine.²

Court-ordered programs — substance abuse education, domestic violence intervention, theft prevention classes — carry their own costs. These typically run from a few hundred dollars to over a thousand, all paid out of pocket.

Probation

Probation is the most common alternative to serving the full jail term. Under Utah Code 77-18-105, a judge can place you on probation for up to 36 months on a Class A misdemeanor, with conditions tailored to the case.⁵ Supervised probation means regular check-ins with a probation officer. Unsupervised probation drops the check-ins but keeps every other condition in place.

Conditions the court commonly imposes include:

Random drug and alcohol testing, usually at your expense
Substance abuse counseling, mental health treatment, or anger management
Travel restrictions requiring court or officer approval to leave the state
Employment or active job-seeking requirements
Payment of restitution and supervision costs⁵

Violations escalate quickly. A missed appointment, failed test, or new charge can trigger a violation report. The court can then tighten conditions, extend the probation period, or revoke probation entirely and send you to jail on the original sentence.

Firearm Restrictions

Some Class A misdemeanor convictions cost you the right to possess firearms, and in the domestic violence context the loss is permanent. Federal law bars anyone convicted of a “misdemeanor crime of domestic violence” from possessing firearms or ammunition for life.⁶ The definition reaches any misdemeanor involving the use or attempted use of physical force against a spouse, former spouse, co-parent, cohabitant, or someone in a similar domestic relationship.

Utah adds its own restriction. Under Utah Code 76-10-503, a person convicted of misdemeanor assault or a misdemeanor domestic violence offense involving bodily injury or a dangerous weapon becomes a Category I restricted person. Possessing a firearm while restricted is a second-degree felony carrying one to 15 years in prison. Being subject to a protective order or stalking injunction also bars firearm possession under Utah law.⁷

Immigration Consequences for Noncitizens

The 364-versus-365-day distinction is where the immigration risk lives. Under federal immigration law, a conviction for an offense punishable by one year or more can be treated as an “aggravated felony,” regardless of how much time you actually serve. That label can trigger automatic deportation for noncitizens, including lawful permanent residents.

Most Utah Class A misdemeanors cap at 364 days specifically to stay under that federal threshold.¹ The Chapter 5 offenses against the individual, capped at a full year, do not. A separate immigration category — crimes involving moral turpitude, which commonly covers fraud, theft, and offenses involving intentional harm — can independently make a noncitizen inadmissible or deportable even without the aggravated felony label.

Protective Orders

In domestic violence cases, the court can issue a sentencing protective order under Utah Code 77-36-5 that runs for the length of probation or longer as a continuous protective order.⁸ The order can prohibit contact with the victim by any means, keep you away from their home, workplace, or school, and set a distance you cannot cross.⁹ Violating a protective order is a separate criminal offense on top of anything else you are already dealing with.

What Happens If You Don’t Comply

Missing payments or breaking probation conditions is where a manageable case gets worse. A probation violation report puts your original jail sentence back on the table; the court can add stricter conditions, extend the probation period, or revoke probation and impose the full term.⁵ Courts usually reserve full revocation for repeat or serious violations, but even a first slip weakens your position.

Unpaid fines, surcharges, or restitution can lead to contempt proceedings. Utah courts will often set up payment plans for people who cannot pay, but willful nonpayment can produce collection actions, wage garnishment, or a warrant. Violating a protective order is charged as a new offense, and penalties escalate on repeat violations.

Clearing the Record Later

A Class A misdemeanor conviction is not necessarily permanent. Utah allows expungement, but you must wait at least five years, measured from the later of the conviction date, release from incarceration, or completion of parole or probation.¹⁰

To be eligible you need to have paid all fines and restitution, have no pending criminal cases (other than traffic), be off probation, parole, and out of custody, and not be subject to any active protective order or stalking injunction. Utah also caps how many convictions can be expunged: you are ineligible if you have two or more Class A convictions from separate episodes combined with other convictions totaling three or more, or five or more total convictions from separate episodes.¹⁰

The process starts with a certificate of eligibility from the Bureau of Criminal Identification, followed by a petition filed with the court. A granted expungement can also restore firearm rights lost because of the conviction, unless the order says otherwise.

1
Utah Legislature. Utah Code 76-3-204 – Misdemeanor Conviction Term of Imprisonment
2
Utah Legislature. Utah Code 76-3-301 – Fines of Individuals
3
State of Utah Judiciary. Criminal Penalties
4
Utah Legislature. Utah Code 51-9-401 – Criminal Conviction Surcharge Allocation
5
Utah Legislature. Utah Code 77-18-105 – Probation
6
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
7
Utah Bureau of Criminal Identification. Misdemeanor Crimes of Domestic Violence
8
Utah Legislature. Utah Code 77-36-5 – Sentencing Protective Orders
9
Utah Legislature. Utah Code 78B-7-603 – Cohabitant Abuse Protective Orders
10
Utah Legislature. Utah Code 77-40a-303 – Expungement Eligibility