Utah Criminal Law Definition: Hoax Weapon of Mass Destruction

Clayton Simms, Criminal Defense Attorney, on the topic of  Utah Legal Definition
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In Utah, the manufacture, sale, use or attempted use of a hoax weapon of mass destruction is a 2nd degree Felony punishable up to 15 years in the Utah State Prison (Utah Code Ann. 76-10-403).

Any person who without lawful authority intentionally or knowingly manufactures, possesses, sells, delivers, displays, uses, attempts to use, solicits the use of, or conspires to use a hoax weapon of mass destruction with the intent to deceive or otherwise mislead another person into believing that the hoax weapon of mass destruction is a weapon of mass destruction is guilty of a second degree felony.

Although, it appears that the Utah Code fails to define “weapon of mass destruction”. “Weapon of Mass Destruction” is generally defined as a weapon that can kill and bring significant harm to a large number of humans (and other life forms like you cat or dog) and/or cause great damage to man-made structures (e.g. your home, office building or school or natural structures (e.g. mountains). The scope and application of the term has evolved and been disputed, often signifying more politically than technically. Coined in reference to aerial bombing with chemical explosives, it has come to distinguish large-scale weaponry of other technologies, such as chemical, biological, radiological, or nuclear.

Prison Sentence for Defendant in Utah Murder Case

Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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A Utah man was sentenced to prison after he was found guilty of murder following an almost four-week jury trial.

Photo: Michael Coghlan

Murder Equals 15 Years to Life in Prison

Ramon Somoza of American Fork was sentenced to 15 years to life in prison for the first-degree felony murder of Jesus Landin, whose body was discovered wrapped in plastic garbage bags and duct tape on January 7, 2010. Landin apparently came to Somoza and demanded $400 that he believed Somoza owed him. Landin was shot several times. Somoza’s defense was that he was afraid of Landin and only shot him after Landin came at him with a screwdriver.

Other Convictions

Somoza was also found guilty of obstructing justice and desecration of a dead human body, second- and third-degree felonies respectively. These two sentences will be served concurrent to each other and consecutively to the murder sentence. Somoza must also pay fines and restitution totaling more than $50,000.

Murder Comes With Hefty Sentence

Under Utah law, a person convicted of murder shall be sentenced to no less than 15 years in prison and up to life in prison. It is up to the Utah Board of Pardons and Parole to determine if or when a person may be eligible for parole, unless as part of the person’s sentence he is ineligible for parole.

An Attorney May Make the Difference in Your Case

When a person is facing any criminal charge, it is vital that he or she seek the advice of an experienced Utah criminal defense attorney as soon as possible. Don’t rely on law enforcement to sort the situation out in your favor. You need and deserve to be represented by an attorney who has your best interests at heart. Take the time and contact a Utah criminal defense attorney right away. It may be the most important phone call you’ll ever make.

The Utah Court of Appeals

Utah Criminal Defense Blog, on the topic of  Utah Court
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Today’s blog covers some of the basic questions you may have about the Utah Court of Appeals and the types of cases they are responsible for handling.

Photo: Bruce Fingerhood

The Utah Court of Appeals was created in 1987 and has seven judges who each hold a six-year term. One of the judges is elected by a majority vote of the others to be the presiding judge every two years.

The Utah Court of Appeals hears all appeals from the juvenile and district courts in the state, except for small claims department appeals from a district court. The Court of Appeals also handles appeals from district court involving domestic relations cases, including:

• Divorce
• Annulment
• Property division
• Child custody
• Support
• Visitation
• Adoption and paternity

The Appeals Court is also responsible for criminal matters of less than a first-degree felony or capital felony. This Court also reviews appeals of administrative proceedings by state agencies including the Utah Industrial Commission and the Department of Employment Security Career Service Review Board. The Court also has jurisdiction to hear cases that are transferred to it by the Utah Supreme Court.

Court of Appeals sessions take place most often in Salt Lake City, but the Court does travel throughout the year to hold sessions in different locations within the state. Even though there are seven judges on the Court of Appeals, each session is handled by a rotating panel of three judges.

A panel will hear oral arguments in cases during the third and fourth weeks of each month. After an oral argument has been presented, the three judges on the panel meet together to discuss the points raised by both sides. Only one of the three judges will write the Court’s opinion.

If you have a case that you would like to have appealed, or if you want to understand the appeals process better, contact a Utah criminal defense attorney. Utah law is complex and your case deserves to be handled by someone who is skilled in legal language and procedures. Call an attorney today and find out what options are available to you.

What to Expect Before the Utah Board of Pardons and Parole

Clayton Simms, Criminal Defense Attorney, on the topic of  Constitutional Rights, Utah Crime Related Videos
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The following video explores what it is like for an inmate to appear before the Utah Board of Pardons and Parole at the Utah State Prison. The Board wants to hear that an inmate has accepted responsibility for the crimes they were convicted of. It is also helpful if an inmate has completed drug treatment, anger management classes or sex offender treatment. The Board also likes for an inmate to have a life plan, which includes employment or school and a drug free home.

Utah Grandpa Arrested for Alleged Sexual Abuse

Utah Criminal Defense Blog, on the topic of  Utah Law
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Larry Guiver has been arrested for alleged aggravated sexual abuse of a child and sexual exploitation of a minor. The Cottonwood Heights grandpa is being investigated for the above charges after one of his grandchildren told their parents that they were touched improperly by Guiver. According to reports, there are at least four victims. Guiver may have taken pictures as well, but that is also under investigation.

Sexual abuse of a child occurs when someone under the age of 14 is touched sexually or indecent liberties are taken by someone with a child. It does not include rape, object rape or sodomy. Sexual abuse of a child is generally a second degree felony, which can be punishable by 1-15 years in prison.

Aggravated sexual abuse of a child, on the other hand, includes additional behaviors by the perpetrator. One reason a person can have the “aggravated” charge added is if he is in a “position of special trust” in connection with the child. This includes anyone from an adult coach to a babysitter to a parent. A grandparent is also considered to be in a position of special trust.

Aggravated sexual abuse of a child is a first-degree felony and the punishment depends on the circumstances surrounding the crime. The state of Utah has imposed a normal minimum prison term of 15 years and possibly life. Under certain situations a court may impose a lesser term, but Utah law requires a mandatory prison sentence for this particular crime.

Hopefully Mr. Guiver has already contacted an attorney. It is extremely important to remember that just because someone is accused of a crime doesn’t mean that he or she is guilty. The burden lies with the prosecutor to prove his case. Fortunately, every person facing criminal charges is entitled to the best defense possible.

If you or someone you know has been arrested for a crime, contact a Utah criminal defense attorney as soon as possible. You need someone you can trust who will provide you with a vigorous defense. Make that important phone call today.

Assault in Utah Car Ends in Arrest

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer
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You may not think that getting into a car with a friend is a concern, but you never know when things can take a turn for the worse and end in aggravated assault. A recent car ride in Utah took a downward turn when the front seat passenger allegedly began assaulting the driver. Strangely, the alleged assault on the driver took place while the car was moving. (A word to the wise: if you have a problem with the driver of a car you’re riding in, don’t attack him while the car is in “drive.”)

Don’t Bother the Driver

Apparently, a woman was driving two male passengers to another person’s home when the front seat passenger put the woman in a headlock and starting hitting her. At that point, the man in the back seat asked to be let out of the car. The altercation continued in the front of the car when the woman pulled out a knife and stabbed the man allegedly attacking her. At some point the driver stopped the car and the men ran off to find help.

Assault Followed by Arrest

The driver’s woes didn’t end there. When she got out of her vehicle she was hit by another car. Both injured people were treated at the hospital, where law enforcement also found some type of illegal substance in the woman’s purse. She was arrested for investigation of aggravated assault, possession of a deadly weapon and carrying a controlled narcotic substance. The passenger who allegedly attacked the driver hasn’t been charged at this point.

Charges for Aggravated Assault

When a person commits assault with a dangerous weapon, it is considered aggravated assault and is a third-degree felony. However, if the assault ends in serious bodily injury it is a second-degree felony. Possession of a deadly weapon with intent to assault is generally a class A misdemeanor.

Don’t Wait to Call an Attorney

When you are involved in any type of dispute with another person and you’re arrested, it’s important that you contact a Utah criminal defense attorney. He will be able to help sort out both sides of the story and make sure that you aren’t railroaded into taking all the blame. After all, it generally takes two to have an argument. Call an attorney today and get started on the path to justice.

BMW Driver Evades Police For Hours, Then Crashes

Clayton Simms, Criminal Defense Attorney, on the topic of  Dealing with Police, Utah Crime Related Videos
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The performance of the maniac driving the BMW is impressive, unfortunately, the driver ends up crashing into another vehicle. How many moving violations do you see on this video?

Barack Obama and Medical Marijuana

Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Utah Crime Related Videos
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President Barack Obama’s position on Medical Marijuana. The following video contains a question and answer session of the President’s drug policy as it concerns Medical Marijuana.

Cabin Burglar On the Loose

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Humor
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If you own a cabin, be on the lookout for the cabin burglar. He may break-in, eat your food, sleepover and shoot your walls with his gun. As funny as that may sound, police in three Utah counties are seriously searching for a man that they believe is armed and possibly dangerous.

Photo: Jeramey Jannene

Cabin Burglar Spotted

Law enforcement officials in Kane, Garfield and Iron Counties are aggressively hunting for a man who has been spotted by a security camera outside an individual’s cabin. The man appears to be in camouflage clothes and is carrying a rifle. Police believe that the same man has spent time in various cabins over the past few years, usually during the winter months. When owners return to their cabins in the spring, they find they’ve had an uninvited guest during their absence.

Police are recommending caution if anyone encounters this man. That is sound advice for any break-in, whether it occurs at your home or place of business. It’s better that someone who slept in your bed leave peacefully then that a situation escalates into violence, no matter how wronged a person feels about having his pajamas worn by a stranger.

Burglary in a Dwelling

Burglary committed in a dwelling (home) is usually a second-degree felony. You will likely be considered a burglar by police if you enter a building or remain in a building without permission and intend to commit a felony, a theft, or an assault, to name just a few burglary-related crimes. Second-degree felonies can find you serving a 1-15 year prison sentence.

Criminal Trespass isn’t Burglary

Criminal trespass is also against the law. When a person unlawfully enters or remains in a dwelling, but doesn’t commit burglary, he can be charged with a class A misdemeanor. Class A misdemeanors can carry up to a one-year jail sentence.

Call an Attorney Today

When you find yourself in a legal bind, don’t wait to call an attorney. You will need the advice and expertise a reputable Utah criminal defense attorney has to offer. Don’t take chances with your freedom or your reputation. Contact an attorney right away.

Stabbing at Utah Nightclub

Utah Criminal Defense Blog, on the topic of  Crimes
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Over the weekend, there was a double stabbing a Utah nightclub which ended with two people in the hospital and an arrest.

Photo: qJake

Stabbing After Groping

Juan Hernandez was arrested after allegedly groping a woman at a Salt Lake nightclub, then stabbing her friend and a security guard when a fight broke out. Hernandez supposedly wanted to dance with a woman, but when the woman refused, Hernandez allegedly grabbed her breasts. The woman’s friends got involved, and before it was over the stabbings occurred.

Friends Jump In

Interestingly, Hernandez apparently ended up with a black eye and possible other facial injuries. There isn’t more information on how he received those injuries aside from the reports of the fight between the friends and Hernandez.

Play It Safe: Go Home and Sleep

The incident took place sometime in the wee hours of Sunday morning. When your mother used to tell you that nothing good happens after midnight, she was probably more right than you-or any of us-would care to admit.

Stabbing = Aggravated Assault

Hernandez is currently sitting in jail while he’s being investigated for sexual battery and aggravated assault. Sexual battery is usually a class B misdemeanor, which is punishable by up to six months in jail. Aggravated assault, on the other hand, is definitely more serious and carries a potentially longer jail sentence. Aggravated assault is a third-degree felony when assault is committed with the use of a dangerous weapon. If serious bodily injury occurs, the charge will increase to a second-degree felony.

Don’t Wait to Hire an Attorney

Call a Utah criminal defense attorney right away if you’ve been charged with any crime or if you’re being investigated for any criminal activity. It doesn’t matter what the circumstances are, you are entitled to a vigorous defense and the opportunity to prove your innocence. Let an attorney help you with any legal difficulties you’re involved in. Make that important phone call today.