Force in Defense of Property - Utah Criminal Lawyer
The right to use force in defending property in Utah is more limited
than the
right to use force in
self
defense or in
defense
of your home, but can still form a valid affirmative defense
to
misdemeanor
or
felony
criminal charges under certain circumstances. Based in
Salt
Lake City, criminal defense attorney Stephen Howard
has handled literally thousands of cases during his
career. If you are facing criminal charges, don't settle for
a sales pitch. You need an experienced and effective
Utah defense attorney on your
side
who has a track record of achieving real results for his clients.
Contact us today to arrange
for an initial consultation.
"Reasonable" Force as an Affirmative Defense
Under Utah criminal law, a person may use "reasonable" levels of force
to "prevent or terminate another person's criminal interference with
real property or personal property." Utah law does not allow a person
to use deadly force to defend
property (other than a home). But a person may use
"reasonable" levels of force to "prevent or terminate another person's
criminal interference with real property or personal property."
In determining whether the defendant's use of force was reasonable, a
jury is instructed to consider the apparent or perceived extent of the
damage to the property, whether property damage was previously caused
by the person, whether threats of personal injury or property damage
have been previously made by the other person, any patterns of violence
or abuse between the defendant and the other person, and any other
factors the jury may determine to be relevant. But a jury determines
that the defendant's use of force was reasonable, or if they are not
convinced beyond a reasonable doubt by the prosecuting attorney that
the use of force was not reasonable, then the jury should return a not
guilty verdict.
The use of force to defend property is considered an "affirmative
defense" in a Utah criminal case. This means that if evidence is first
be presented that the force allegedly used by the defendant was used
for the valid purpose of defending property, then the
prosecution bears the burden to disprove the defense. The evidence used
to support the affirmative defense is often presented through defense
witnesses. But an affirmative defense can also be supported by
testimony or evidence from witnesses called by the prosecuting attorney.
Finding the Right Utah Criminal Defense Attorney
If you are facing criminal charges in Utah, it is vital to have an
experienced
criminal attorney to advocate
your side. Stephen Howard has successfully defended some of the most
serious criminal charges on the books in Utah. He has a record of
achieving real
results for clients.
Contact us today to
schedule an initial consultation. See the
difference an experienced criminal lawyer can make in your case.

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