Domestic Violence: Aggravated Burglary

Aggravated Burglary: Domestic Violence Attorneys

Aggravated Burglary - Attorneys

Legal Definition:

Aggravated burglary (domestic violence) is the commission or attempt to commit aggravated burglary by one cohabitant against another.

Aggravated Burglary (Domestic Violence)

Utah Code §76-6-203 & Utah Code §77-36-1


Aggravated burglary (domestic violence) is a 1st degree felony.


A defendant commits 1st degree felony aggravated burglary (domestic violence) if in attempting, committing, or fleeing from a burglary the defendant or another participant in the crime:

  • causes bodily injury to any person who is not a participant in the crime;
  • uses or threatens the immediate use of a dangerous weapon against any person who is not a participant in the crime;
  • or possess or attempts to use any explosive or dangerous weapon.


1st degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)


The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)


1st degree felony: A term of imprisonment not less than 5 years which may be for life.
(Utah Code Ann. §76-3-203(1))

Enhancement: If the Utah Courts find that a dangerous weapon was used in the commission of a felony, the minimum sentence will be increased by one year. (A minimum sentence of 0 years becomes a minimum of 1 year). Additionally, the maximum sentence for a 2nd or 3rd degree felony may be increased by 5 years.
(Utah Code Ann. §76-3-203.8(2))


Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

  • Order defendant to participate in an electronic or other type of monitoring program; and/or
  • Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

  • Order cost of any services or treatment provided to the victim and affected children of the victim; and
  • Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
    (Utah Code Ann. §77-36-5(3)(4) and (5))
DNA Specimen Analysis

A defendant convicted of a 1st degree felony aggravated burglary (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))


A defendant convicted of burglary (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))

Other Criminal Charges

Learn more about crimes related to Aggravated Burglary (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.