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.