Self Defense Attorney Utah - Criminal Defense Lawyer Salt Lake
Utah law provides an affirmative defense for defendants charged with
certain violent crimes if the defendant acted in
legitimate self defense.
Under Utah criminal law a person may be found not guilty (acquitted at trial) of
weapons
charges, aggravated assault, or even murder if the person was acting in
self defense. If
you have been accused of a violent crime, either as a
misdemeanor
or a
felony,
self defense may be a viable option for defending your case. But
mounting a self defense claim under Utah law can be complicated. Having
an
experienced Utah
criminal lawyer on your side
is critical.
Based in
Salt
Lake City, criminal defense attorney Stephen
Howard has defended thousands of clients during his career, and has a
record of achieving
real results.
Contact us
today to learn how Utah's self defense laws can help your criminal case.
"Reasonableness" as a Factor in Utah Self Defense Criminal Cases
According to Utah criminal law, you may be justified in either
threatening or actually using force against another to the extent that
you reasonably believe that such force is necessary to defend against
the use of unlawful force by another person. This requirement of
reasonableness in the use of force means that the level of force you may
use can depend on the specific circumstances of your case. The specific
threat you are facing can be a major factor in determining whether your
use of force will be considered reasonable. A person facing an
assailant who is threatening the use of a gun would likely be entitled
to use more and different kinds of force than would be a person who
faced an assailant who was unarmed.
Similar legal principles apply both to cases of self defense as well as using force to defend a third person.
Restrictions on the Use of Force in Self Defense in Utah
While
Utah's self defense laws are fairly broad, there are restrictions on a
persons ability to use self defense or defense of another as a defense
in a criminal case. You may not use force in defending yourself
if you are "attempting to
commit, committing, or fleeing after the commission or attempted
commission of a felony." You may not use force to defend
yourself if you initially and intentionally provoked the other person
use of force with the intent to use that force as an excuse to "inflict
bodily harm upon the assailant." You also may not use force
in defending yourself if you were the initial aggressor or were engaged
in mutual "combat by agreement," unless you have withdrawn from the
fight and effectively communicated that fact to the other person.
Use of Deadly Force as a Defense in Utah Criminal Cases
Utah law allows you to use deadly force ("force intended or likely to cause death
or serious bodily inure") only under circumstances where you reasonably
believe that such force is necessary to prevent death or serious bodily
injury to yourself or another, or to "prevent the commission of a
forcible felony."
Use of Force in Defense of Home or Other Property in Utah
A person may also be entitled to use force in defending their home or
other property. But the criminal law relating to the use of
force
in defense of a home or
force
in defense of property are different. Utah criminal
law places significant restrictions on both the level of force that can be used and
under what circumstances that force can be used.
Finding an Experienced Criminal Defense Lawyer in Salt Lake City, Utah
Based in Salt Lake City,
criminal defense attorney
Stephen Howard has successfully defended clients facing serious
aggravated felony charges including murder, robbery, burglary, assault,
and more. If you have been charged with a crime that may involve a self
defense
claim,
contact
Stephen Howard now to schedule an initial consultation.
See what an experienced
criminal
defense attorney in Utah can do
for you.