Threatening or Using a Dangerous Weapon
- Utah Criminal Attorney
Threatening or using a dangerous weapon during a fight can result
in up to a year in jail and nearly $5,000 in fines and surcharge.
Stephen Howard has successfully represented clients in
literally
thousands of serious criminal cases, achieving
dismissals or not guilty
verdicts for violent offenses including weapons charges,
aggravated
assault,
aggravated
robbery, and more. If you are facing
prosecution for a weapons charge or other criminal offense, you need an
attorney with real experience on your side. Based in
Salt
Lake City, criminal defense attorney Stephen Howard has
the
experience, skill, and
determination to help you get the results you
need.
Contact us to schedule an
initial consultation.
Elements of a Criminal Charge for Threatening or Using a
Dangerous Weapon
Threatening or using a
dangerous weapon in a fight or quarrel (sometimes referred to as a
"brandishing" charge) is considered a crime under Utah
law if a person "draws or exhibits" a dangerous weapon "in an angry and
threatening manner" or "unlawfully uses" a dangerous weapon in a "fight
or quarrel," and does so in the presence of two or more persons.
Self Defense as an Affirmative Legal Defense in Utah
Threatening
to use a dangerous weapon is not always a criminal act. Under
Utah criminal law, a a person is allowed to threaten or even use a
dangerous weapon in self defense or in order to prevent another person
from committing an assault or otherwise using unlawful force.
But the use of force in self defense or defending another person must
be "reasonable" based on all surrounding circumstances. If
you are charged with threatening to use a dangerous weapon, you should
speak immediately to an experienced
criminal defense attorney to
determine what
defenses may be available to you.
Other Related Utah Criminal Offenses
There
can be a fine line between a
misdemeanor
charge of "threatening or
using a dangerous weapon" and a
felony
charge of
aggravated
assault.
The difference can sometimes be based on very subtle
differences
in the facts of an individual case. A prosecutor may even,
under
some circumstances, amend the misdemeanor "threatening" charge to
become a felony aggravated assault. If the weapon has been
concealed, an additional criminal charge can be filed
carrying
a concealed weapon. If a threat is made that does
not involve a weapon, a lesser charge of making a "
threat of
violence" can be charged.
Contacting a Utah Criminal Defense Lawyer in Salt Lake City
Courts and prosecutors
take weapons charges very seriously. If you have been accused
of
threatening or using a dangerous weapon in a fight or quarrel,
contact
us to schedule an initial consultation. Find out
what an
experienced
Utah criminal defense
lawyer can do for you.