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.