Knife: Tool or Weapon under Utah Criminal Law?
A knife can be a
tool. Or a knife can be a
weapon.
Whether a knife will be considered a
weapon for purposes of a criminal charge in Utah can depend on a number
of factors. But while the difference between a tool and a weapon can
sometimes be subtle, the consequences of possessing or using a weapon
in a Davis County criminal prosecution can be significant.
If
you are facing weapons charges,
assault,
or other criminal charges in
Davis County or anywhere in Utah, the assistance of an
experienced criminal
defense attorney
can be critical.
Contact
us today to see how we can help.
When is a knife just a knife, and when is it a weapon?
There
are some things that will almost always be considered "weapons" for
purposes of criminal law in Utah. Guns and hand grenades and hand
grenades are some obvious examples. But there is a class of other items
that are not normally considered to be weapons, but which can still be
used as a weapon. Baseball bats, snow shovels, and pocket knives are
good examples of items that have legitimate and lawful purposes. But
they are also items that can be used as weapons, and are capable of
inflicting serious bodily injury or even death.
Knives can
be particularly problematic, due to the fact that many people carry
knives in the regular course of their daily activities. It is rare to
see someone walking down the street carrying a snow shovel - unless
they are in the process of clearing the sidewalk. Similarly, the most
common place to find someone with a baseball bat will be at the
ballpark. But it is much more common that an ordinary person might have
a regular pocket knife or a multi-tool (like a Leatherman or Gerber) in
their pocket for perfectly legal reasons.
Possession of Dangerous Weapon by Restricted Person - Salt
Lake City v. Miles
Many
weapons cases involve items that are abviously "weapons" under Utah law
- handguns, rifles, hand grenades, etc. But there is another class of
items that may not usually be viewed as weapons, but that can still be
treated as weapons based based on the actual use of the item and other
circumstances - baseball bats, shovels, pocket knives, box cutters, etc.
In
the case of Salt Lake City v. Miles (2014 UT 47), the Utah Supreme
Court discussed the test for determining whether an item not usually
used as a weapon should be considered to be a weapon under Utah law.
The analysis required to make this determination depends heavily on the
specific facts of any given case. So while the Miles case gives
significant guideance, there are still grey areas where it can be
disputed whether a specific item should be considered to be a weapon.
If
you are facing a weapons charge in Utah, having the assistance of an
experienced criminal defense attorney is critical ensuring that your
rights are protected. Contact us today to see how we can help you.
Knives as Dangerous
Weapons in Utah - Salt Lake City v. Miles, 2014 UT 47
The
Miles case involved a defendant who was charged with possession of a
weapon by a restricted person. For purposes of the appeal, both sides
agreed that the defendant was classified as a restricted person under
Utah law. The dispute on appeal centered on whether the pocket knife
found in the defendant's possession should be treated as a "dangerous
weapon" under Utah law.
At trial, the prosecution had presented evidence that the
defendant had threatened to kill someone with a knife. When police
responded to arrest the defendant, they found no weapons or other
significant items in the defendant's immediate possession. But a
subsequent search of a grocery cart near the defendant revealed a
pocket knife, inside a pocket of a jacket that was in the cart.
The
knife blade was estimated to be approximately three inches. Under
ordinary circumstances, such a knife could be considered to be a tool.
But the prosecution at trial argued that the threats made by the
defendant indicated an intent to use the knife as a weapon, and that
the knife should therefore be treated as a "dangerous weapon" for
purposes of the prosecution under Utah's restricted persons statute.
The
appeal of the Miles case happened in two stages. The Utah Court of
Appeals accepted the prosecutor's argument that the intended use of the
item should be considered in determining whether the pocket knife
should be considered to be a weapon. The Court of Appeals considered
the defendant's threats to use a knife to kill someone, and determined
that the defendant must have intended to use the knife as a weapon.
Based on the intended use of the knife, the Court of Appeals held that
the knife was properly treated as a dangerous weapon in the trial court.
The second stage of the appeal process involved a petition for a writ
of certiorari to the Utah Supreme Court. The Supreme Court reversed the
decision of the Court of Appeals, holding that the determination of
whether an object is a "dangerous weapon" as defined under the Utah
criminal code does depend on the "intended" use of the object if the
object is not actually used as a weapon and is not normally considered
to be a weapon. The facts of the case did not include any actual use of
the knife by the defendant - he did not brandish it, waive it in the
air, display it, or even touch the knife. The court recognized the
distinction between "use" and "intended use" and held that the knife,
under the specific facts of the case, should not be considered to be a
dangerous weapon.
It is important to note that the court's decision was based on the
specific facts of the case and the specific statutory language that
existed at the time the case was heard. Under other circumstances, a
knife CAN be considered to be a dangerous weapon, and serious criminal
charges can be filed. Further, the Utah legislature can and does
frequently make changes to Utah's criminal code. If you are facing
criminal charges for possession of a knife or other alleged dangerous
weapon, consultation with an experienced criminal defense attorney is
vital to ensure that your rights are protected.
Finding a Utah Criminal Defense Lawyer in Davis County
With
experience
defending wide variety of serious charges, including aggravated murder,
robbery, kidnapping, assault, and more, Davis County
criminal
defense attorney
Stephen Howard works personally with clients to ensure that he
understands their goals and that they understand the best options
available to them in defending their cases. He has a record of
results that speaks for
itself.
If you are facing criminal charges in Davis County or elsewhere in
Utah,
contact us
today to see how we can help you.