Using force to defend your home can form the foundation of an affirmative defense under Utah criminal Utah law. But your right to defend your home is not identical to your right to defend yourself. Understanding the differences can be critical.
Raising an Affirmative Defense in Utah Criminal Cases
The use of force in defense of your home is considered an affirmative defense to criminal charges in Utah. This means that if there is evidence to support a claim that you used force in defending yourself, your home, or your property, you may be found not guilty of a criminal offense even in the face of proof that you committed the offense.
The best defense attorneys ask questions that police don’t.
In a criminal case, the prosecutor bears the burden of proving every element of the charged offense. That burden requires that each member of the jury be convinced beyond a reasonable doubt of the defendant’s guilt. Under Utah law, an affirmative defense allows a jury to also consider evidence of circumstances supporting the affirmative defense. Once such evidence has been presented, either by the defense or through the prosecution’s own witnesses, the prosecutor then bears the burden of disproving the existence of the circumstances that would support the affirmative defense.
Restrictions on the Right to Use Force in Defense of Home or Habitation
Under Utah criminal law, you may be justified in using force to defend your home from intrusion. But the right to use force in Utah to defend your home is not unrestricted. Utah criminal law provides that a person has the right to use force to defend his home or habitation only “to the extent that he reasonably believes that the force is necessary to prevent or terminate the other [person’s] unlawful entry into or attack upon his habitation.”
The standard of “reasonable” force is based on an objective view of the circumstances. There are additional restrictions on your right to use deadly force in protecting your home. (The term “home” include houses, apartments and other places of “habitation.”)
The best attorneys understand your case involves more than just what happens in court.
Separate standards apply under Utah law to your right to use force in self defense and your right to use force in defense of other property.
Finding an Experienced Utah Criminal Defense Lawyer
If you are facing criminal charges, you need an experienced Utah criminal lawyer on your side. Contact us now to schedule an initial consultation and case analysis.
