Utah Criminal Defense Attorney Salt Lake City
A criminal conviction involving the use or possession of
a weapon (including guns, knives, and other "
dangerous weapons")
in Utah can have serious consequences. Even in cases not involving the
actual use of or threatened use of a weapon, simply
possessing a
weapon under certain circumstances can lead to enhanced
penalties. As
an experienced
criminal defense attorney
based in Salt Lake City, Stephen Howard has extensive experience
defending weapons-related crimes in Utah, ranging from murder to
concealed
weapons charges.
Contact
us today to arrange for an initial consultation.
Weapons Charges in Utah Criminal Courts
The Utah criminal code creates a number of weapons-related offenses, both on the
felony and
misdemeanor
levels. Some of these offenses are based on the way that the weapon is
used; others create a crime based only on the person's status without
any proof that the weapon was used or intended to be used.
Status Offenses Involving Weapons
Some
crimes involving weapons in Utah do not require any proof that the
weapon was used, or even proof that any threat was made involving the
weapon. These crimes are sometimes be considered "status" crimes
because the commission of the offense depends not on what is done with
the weapon. Instead, the commission of the offense is based on the
defendant's status as a "restricted person" under Utah law.
In
connection with the right to use or possess a weapon, the Utah
Legislature has defined two classes of
restricted persons: Category I
and Category II. Possession of a dangerous weapon by a restricted
person is a crime that can carry a felony conviction and the possible
for substantial prison time and thousands of dollars in fines. The
exact level of the offense can depend on which category the restricted
person falls into, and also on what weapon is possessed (firearm or
other weapon).
Utah law also restricts a person's right to carry a dangerous weapon
while under the influence of alcohol or drugs. The level of "influence"
for purposes of this statute mirrors the level of influence necessary
for a person to be convicted of DUI. Violation of this statute (Utah
Code section 76-10-528) is a class B misdemeanor.
Weapon
Possession Offenses Involving Actions or Intent
In addition to weapons charges based on a person's status, Utah law
also provides for a number of criminal charges that are based on the
manner in which a weapon is carried or used, or on the intended use of
the weapon.
Unless a person has a concealed weapons permit, criminal charges can be
filed for carrying a concealed dangerous weapon - even if the weapon is
never used. Criminal charges can also be filed if a person possesses a
weapon with the intent to commit an assault - even if the assault is
never actually committed.
Most other Utah criminal weapons charges involve the manner in which a
weapon is used. Threatening or making use of a dangerous weapon during
a fight or quarrel (sometimes referred to as "brandishing") can lead to
criminal charges, even if the weapon is not actually used and no
injuries are inflicted. The mere threat can be sufficient to support a
criminal charge.
The Utah criminal code also contains a number of other crimes that can
be enhanced to the level of an aggravated felony if a weapon is used,
or sometimes even just possessed, during the commission of an
underlying crime. Aggravated assault, aggravated robbery, and
aggravated burglary are common examples of crimes that become
aggravated felonies if a weapon is used or threatened while committing
the crime. A misdemeanor unlawful detention charge or an ordinary
kidnapping charge can both become aggravated kidnapping charges if a
weapon is simply possessed or carried during the commission of the
underlying offense.
Weapons
Possession as an Aggravating Factor at Sentencing
Even
if the weapon possession does not change the nature or level of the
offense, weapon possession can still be used as an aggravating factor
in calculating the sentencing matrix used by Adult Probation and Parole
(AP&P) in preparing a pre-sentence report. This can increase
the
number of criminal history "points" given to a defendant, and can
increase the severity of the sentencing recommendation from
AP&P.
Finding a Utah Criminal Weapons Defense Lawyer in Salt Lake
City

If you are charged with a crime in Utah that involves a weapon, the
case should be taken seriously. An experienced criminal defense
attorney can ensure that your rights are protected.
As a Utah
criminal lawyer
based in Salt Lake City, Stephen Howard has extensive experience
defending weapons-related
cases, including aggravated felonies such as robbery, murder,
kidnapping, assault, and also the various misdemeanor weapons offenses
enacted under the Utah criminal code.
With offices centrally located in Salt Lake City, Mr. Howard provides
legal services to clients throughout Utah.
Contact
us today for a confidential consultation.