Salt Lake Criminal Defense Attorney - Clayton Simms

new_clayton_about A criminal charge, whether it is a felony or misdemeanor, can be a life changing event. Clayton Simms is a fierce advocate for people who have been charged with misdemeanor and felony offenses. He represents clients who are facing charges in Salt Lake City and Greater Salt Lake County. In addition, he also represents clients along the Wasatch front. Clayton Simms represents defendants in other crimes Clayton has represented athletes, doctors, lawyers, and other notable people and has been featured on the news. Do you have a legal question? Contact Clayton Simms today!

Aggravated Arson and Murder Charges for Estranged Husband of Salt Lake City Restaurateur

The estranged husband of a Salt Lake City restaurateur and prominent LGBT activist was charged with aggravated arson and murder in connection with a deadly home fire.

Sunday morning blaze

Aggravated Arson

Photo by: John Goode

Shortly after 1:00am on Sunday, May 23, 2016 a fire was reported at the home of John Williams, a retired partner of Gastronomy Inc. who served the company for over four decades. Neighbors could hear screaming for help from a top story room, but fire fighters were unable to get Williams out in time. 72 year old John Williams was pronounced dead at the scene.

Cause of fire suspicious

Authorities originally stated that the fire was suspicious and likely not an accident. During the investigation which had been determined to be aggravated arson, witnesses claimed to see Williams’ estranged husband, 47 year old Craig Crawford near the home shortly after the fire was reported. According to court documents, Williams filed for a divorce from Crawford earlier this month and attempted to get a restraining order as well. No more information has been released regarding the couple’s marital issues, yet Crawford was considered an initial suspect early on in the investigation.

Aggravated arson

According to Utah Code: “A person is guilty of aggravated arson if by means of fire or explosives he intentionally and unlawfully damages: a habitable structure; or any structure or vehicle when any person not a participant in the offense is in the structure or vehicle.” Aggravated arson is a first degree felony, punishable by five years to life in prison and a possible fine of up to $10,000.

Aggravated murder

Photo by: Christopher

Photo by: Christopher

Since a death occurred because of the fire, Crawford is also facing aggravated murder or criminal homicide. Aggravated murder has the potential to be a capital felony if prosecutors file notice of intent to seek the death penalty. If not, it will be an additional first degree felony. Crawford is currently being held on 1 million dollar bail.

Aggravated Assault for Defending Home from Intruder

A Salt Lake City man was arrested for aggravated assault for defending his aging mother-in-law’s vacation home from an intruder.

The stake out

Photo by: Mesa Tactical

Photo by: Mesa Tactical

51 year old Glen Decker and his wife are caretakers of his mother-in-law’s home in Salt Lake City which is used mainly for vacationing. Upon regular inspection of the home, the Decker’s realized that someone had been breaking into the residence. To put a stop to the burglary, the vigilantes armed themselves and hid out in the dark unlocked home; hoping to catch the thieves red-handed.

Bait, set, trap

The potential repeat offenders took the bait of an apparently vacant home and let themselves in unlawfully, only to be confronted by the Decker’s waiting inside. With a gun in hand, Glen Decker ordered the two thieves to stay put until police arrived. The female suspect complied, while the male suspect decided to make a run for it instead. As the intruder tried to flee the home, Decker shot him once in the abdomen. The chase continued outside the home as the runaway burglar made it to his get-away car only to have the vehicle shot at multiple times by Decker. The suspect later checked himself into the hospital in serious condition for a single gunshot wound to the stomach and Glen Decker was arrested for aggravated assault and weapons charges.

Stand, not chase

Photo by: Elliott Brown

Photo by: Elliott Brown

Utah has a stand your ground law detailed in Utah Code 76-2-402 allowing residents to protect themselves or others from danger by using deadly force if needed. What some may not realize is this does not give permission to be confrontational. The stand your ground law only applies if “the person reasonably believes that force is necessary to prevent death or serious bodily injury”. If a suspect is not posing an immediate threat, there is no justification in using deadly force; stand your ground laws would likely not apply for someone who is chasing an unarmed party.

La casa de mi familia

While Utah may not encourage residents to chase and shoot persons who are committing a non-violent crime, there are laws allowing homeowners (and possibly caretakers) to protect their place of residence from intruders. This is known as Castle Doctrine. Utah’s version of Castle Doctrine is found in Utah Code 76-2-405 which discusses “force in defense of habitation”. This law has certain stipulations that must apply in order to use potential deadly force in defending a home. The resident must believe that force is necessary to prevent a violent intruder or to “prevent the commission of [a] felony” in the home. Also, “the person using force or deadly force in defense of habitation is presumed ( . . . ) to have acted reasonably and had a reasonable fear of imminent peril of death or serious bodily injury ( . . . )”.

Aggravated assault

Aggravated Assault

Photo by: Chris Heald

Granted breaking and entering is against the law, it does not allow a person to detain a suspect with physical force or violence. If a violent intruder tries to enter your home, stop them; if they attempt to retreat, let them. It is not up to everyday residents to take the law into their own hands unless they feel they are in danger. When someone’s actions have the potential to cause unnecessary serious bodily harm or death, that person may face charges of aggravated assault. Someone found guilty of aggravated assault faces the same penalties as the individual facing burglary charges. Both are considered third degree felonies punishable by up to five years and prison and a possible fine of $5,000. Anyone facing charges stemming from an attempt to stop an intruder should contact a criminal defense attorney immediately to avoid serving time behind bars with the burglar.

Suspended Driver’s License Following Marijuana Charges

Utah residents can expect to have their driver’s license suspended following a DUI, yet they may be surprised when they lose their license following marijuana charges which were not acquired when behind the wheel.

DUI

Photo by: Nate Steiner

Photo by: Nate Steiner

Anyone who is found guilty for a DUI in Utah which includes driving with any measurable amount of a drug in their system can face anywhere from two days up to six months in jail and have their license suspended for:
• 120 days for individuals 21 years of age or older,
• One year or until age 21 for individuals who are 19 or 20 years old, or
• Until age 21 for individuals under age 19.
A driver’s license may be revoked if there are previous arrests for the same charges.

Utah Controlled Substances Act

A DUI isn’t the only marijuana charge that can end in a driver’s license being suspended. In Utah, cultivating, distributing, or even simple possession of marijuana or drug paraphernalia may result in a driver’s license being suspended for six months. Even a failed attempt to possess marijuana can result in the same suspension.

Safeguard your license after a marijuana charge

License Suspension after Marijuana Charges

Photo by: Kat

Losing a license can make it difficult or nearly impossible for some Utah residents to attend school or make it to they place of employment. Anyone facing marijuana charges should consult with a criminal defense attorney regarding protecting their driving rights. An experienced attorney can help an individual keep their driver’s license whether through helping to prove no fault or through a plea in abeyance, which may end in a fine but no driver’s license suspension.