Archive for the ‘Utah Legal Definition’ Category

Bribery in Utah

Utah Criminal Defense Blog, on the topic of  Crimes, Utah Law, Utah Legal Definition
0comment

On the off-chance you were thinking about offering a police officer some quick cash in exchange for not giving you that very expensive speeding ticket, think again. Bribery or offering a bribe in the state of Utah is a third-degree felony when the value of the benefit asked for, solicited, accepted or conferred is less than $1000. It gets worse if the value of the benefit is $1000 or more; you could be charged with a second-degree felony. Third-degree felonies carry a potential penalty of up to five years in prison, while second-degree felonies can send you to prison for anywhere from 1 to 15 years.

Photo: Andrew Magill

Bribing or attempting to bribe an officer during a traffic stop isn’t the only time that bribing can get you into trouble. The law specifically states that a person is guilty of bribing or offering a bribe if that person promises, offers or agrees to give or gives, directly or indirectly, any benefit to another person with the purpose or intent to influence a public servant, party official or voter’s:

  • Action,
  • Decision,
  • Opinion,
  • Recommendation,
  • Judgment,
  • Vote,
  • Nomination or
  • Exercise of discretion.

You should also note that it is not a defense if the person bribed doesn’t act in the desired way, if the person to be influenced wasn’t qualified to act in the desired way or if the person bribed is a public servant and ceases to be a public servant.

If you’ve been charged with bribery or attempting bribery, you need to get legal representation today to find out what can be done to help your situation. Call a practiced Utah criminal defense attorney right away.

Ignorance of the Law in Utah

Utah Criminal Defense Blog, on the topic of  Utah Law, Utah Legal Definition
0comment

Ignorance or mistake of fact which disproves the culpable mental state is a defense to any prosecution for that crime, as allowed by Utah law. Essentially, this means that if a person’s mental state is such that he or she is ignorant or mistaken about a certain law, that ignorance or mistakenness can be used as a defense during any prosecution of the person for breaking the specified law.

Photo: Mr. T in DC

By the same token, the law also states that ignorance or mistake concerning the existence or meaning of a penal law is no defense to a crime unless the person, due to ignorance or mistake, reasonably believed his conduct did not constitute an offense and his ignorance or mistake resulted from a reasonable reliance upon some extenuating circumstances. Those are:

  • An official statement of the law contained in a written order or grant of permission by an administrative agency charged by law with responsibility for interpreting the law in question; or
  • A written interpretation of the law contained in an opinion of a court of record or made by a public servant charged by law with responsibility for interpreting the law in question.

If you have any questions about a crime you’ve been charged with, it is never a waste of time to talk to a criminal defense attorney. Laws are in place for the good of all people, but that doesn’t mean that mistakes aren’t made. You need to be proactive in making sure you have an attorney who is well-versed in Utah law.

Unlawful Detention versus Kidnapping in Utah

Utah Criminal Defense Blog, on the topic of  Crimes, Utah Law, Utah Legal Definition
0comment

Even though the two crimes sound quite a bit alike, there is a difference between unlawful detention and kidnapping. The difference between the two is important, particularly when it comes to the charges and penalties each crime carries if you are found guilty of either one.

Photo: The Cleveland Kid

Unlawful detention is defined as intentionally or knowingly, without having lawful authority and against the will of the person, detaining or restraining a person under circumstances that are not considered kidnapping, child kidnapping or aggravated kidnapping. A charge of unlawful detention is considered a class B misdemeanor and carries the possible penalty of up to six months in jail.

On the other hand, kidnapping is substantially more serious. Kidnapping is a second-degree felony and is charged as such when someone purposefully, without lawful authority and against the will of a person:

  • detains or restrains the victim for any substantial period of time;
  • detains or restrains the victim in circumstances exposing the victim to risk of bodily injury;
  • holds the victim in involuntary servitude;
  • detains or restrains a minor without the consent of the minor’s parent or legal guardian; or
  • moves the victim any substantial distance or across a state line.

If someone is found guilty of kidnapping, he or she could face from one to fifteen years behind bars.

Be careful in your dealings and associations with others. A situation can quickly turn nasty if the law becomes involved and you are charged with a crime. Remember that everyone looks at experiences differently and has their own version of the ways things happened. If you are faced with a criminal charge, whether unlawful detention or kidnapping, get a qualified Utah criminal defense attorney right away. A good attorney is equipped to deal with law enforcement and the courts and will be able to aggressively defend your case.

Utah Woman Determined Factually Innocent

Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Court, Utah Legal Definition
0comment

Last week, a Utah woman convicted of murder in 1995 was found “factually innocent” of that crime by a 2nd District Court Judge. Debra Brown is scheduled to be released from the Utah State Prison on Monday, following several days of an evidentiary hearing during which time the factual innocent statute was put to the first test of its kind.

Photo: bloomsberries

Under the Post-Conviction Remedies Act amended by the state legislature in 2008, a person convicted of a felony offense has the right to ask the court to reconsider their case in a hearing, as long as their case meets certain new standards. Petitioners requesting a hearing to establish their factual innocence have the burden to prove that they did not commit the crime they were convicted of. A finding of factual innocence by the court means that the convicted person played no part whatsoever in the felony crime of which they were found guilty. That judgment goes beyond a finding of legal innocence, which means there is a reasonable doubt that a person committed a crime, not that they didn’t commit the crime for certain.

If you believe that you or someone you love are in a position similar to Brown’s, do not wait any longer to talk to a skilled criminal defense attorney. Don’t sit in prison hoping that someone will decide to revisit your case. Take control of your own destiny by making sure that your case has all possible scenarios explored.  If you leave your life in the hands of the state, you will stay right where you are for the duration of your sentence. Consult a Utah defense attorney today and have hope for a better tomorrow.

Ultimate Fighting in Utah

Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Crimes, Utah Law, Utah Legal Definition
0comment

Utah has become a place where ultimate fighting athletes are made.  In the upcoming Ultimate Fighting Championship on March 23rd, three fighters from Utah will take the big stage.  There have also been several Utahns seen duking it out on Spike TV’s “The Ultimate Fighter.”  Finally, Utah happens to be a place where many mixed martial arts fighters from all over the world train for their approaching matches.  So, it may seem strange that participating in an ultimate fighting match is illegal in the state of Utah.  Anyone who takes part in an ultimate fighting match in Utah is guilty of a class A misdemeanor and could face up to one year is jail.

Photo: Andy Templeton

However, it’s well known that many UFC fights have taken place right here in Utah and no arrests have been made.  How can this be?  As long as a match doesn’t fit within Utah’s strict, legal definition of “ultimate fighting,” it’s perfectly legal.

While written law and enforcement of laws are necessary for a civil society, legislators have slowly infringed upon our individual rights. Understanding the law has its benefits, as it allows us to maximize the individual freedoms that we have left and fight for the people who, on their own, may not stand a fighting chance when going toe to toe with a judge or jury.  Below is the law as it defines an ultimate fighting match.  Please take note that there is no biting allowed.

76-9-705.   Participation in an ultimate fighting match.
(1) For purposes of this section, “ultimate fighting match” means a live match in which:
(a) an admission fee is charged;
(b) match rules permit professional contestants to use a combination of boxing, kicking, wrestling, hitting, punching, or other combative, contact techniques; and
(c) match rules do not:
(i) incorporate a formalized system of combative techniques against which a contestant’s performance is judged to determine the prevailing contestant;
(ii) divide a match into two or more equal and specified time periods for a match total of no more than 50 minutes; or
(iii) prohibit contestants from:
(A) using anything that is not part of the human body, except for boxing gloves, to intentionally inflict serious bodily injury upon an opponent through direct contact or the expulsion of a projectile;
(B) striking a person who demonstrates an inability to protect himself from the advances of an opponent;
(C) biting; or
(D) direct, intentional, and forceful strikes to the eyes, groin area, adam’s apple area of the neck, and temple area of the head.
(2) Any person who publicizes, promotes, conducts, or engages in an ultimate fighting match is guilty of a class A misdemeanor.

Disorderly Conduct in Utah

Utah Criminal Defense Blog, on the topic of  Crimes, Legal Process, Utah Law, Utah Legal Definition
0comment

Pleading guilty to disorderly conduct in Utah may only initially result in a small fine and a couple of nights in the county jail, but it can peg you as a criminal for the rest of your life.  Having a criminal record may affect you when seeking employment, applying for financial aid or any other occasion when a background check might be conducted.  Plus, there are the moments of embarrassment when you have to answer in the affirmative that you have been convicted of a crime and attempt to explain that it wasn’t really your fault.

Disorderly Conduct

Photo: Oran Viriyincy

There is so much gray area when it comes to what constitutes disorderly conduct.  This is the reason why so many disorderly conduct cases get thrown out of court.  A portion of Utah Code 76-9-102 states that a person is guilty of disorderly conduct if she engages in threatening behavior, makes unreasonable noise in public or intends to cause overall public inconvenience or annoyance.  What is unreasonable or threatening is a matter of opinion.  It could be viewed as unreasonable for a peace officer to tell a judge what your intent was at the time or speak for the public by saying that you caused inconvenience or annoyance.  However, it’s clear to see that if you even look at an officer the wrong way (or he looks at you the wrong way), he can cite you for disorderly conduct.

Even if you feel that you are guilty, an attorney can help protect your rights and your future.  A good attorney will first try to get your case thrown out altogether.  If that doesn’t work, there are always options.  Your attorney could ask the prosecutor to defer prosecution and put you on a period of probation.  If you comply with the terms of your probation, the case could be dismissed and there would be no conviction on your record.  Alternatively, your lawyer could ask the judge to reduce the charge from a misdemeanor C to an infraction, which would protect your record and leave you with possibly only a small fine to pay.  Although the immediate penalties for pleading guilty to disorderly conduct in Utah may not seem so bad, it can have lasting consequences that will forever affect your life.  Do not ever plead guilty before consulting with an attorney.

Utah Felony

Utah Criminal Defense Blog, on the topic of  Crimes, Utah Law, Utah Legal Definition
0comment

Being accused of a felony in Utah is bad news, as felonies are the most serious of crimes and carry harsh, maximum penalties of at least one year in prison.  If you’ve been accused of a felony, make sure that you hire a good attorney, as your life and the lives of whom you care about will truly depend on one.

Felonies are broken down into four levels or degrees.  A third degree felony (the lowest level of felony) is punishable of up to 5 years in prison and may include up to a $5,000 fine.  A few examples of these crimes include burglary, producing or distributing marijuana or spice, aggravated assault and theft of more than $1,000 but less than $5,000.

Photo: GFPeck

Second degree felonies are crimes which include residential burglary, kidnapping of an adult, theft of property worth $5,000 or more, child abuse, auto theft, manslaughter and arson.  Second degree felonies carry a penalty of up to 15 years in prison and a fine of up to $10,000.

Examples of first degree felonies are rape, murder, child kidnapping, aggravated robbery, aggravated arson, aggravated burglary, setting off a nuclear device and distributing drugs in a school area.  First degree felonies are punishable of up to life in prison.  Aggravated murder is a capital offense, the highest degree of felony in the state of Utah, and its penalties are life in prison, life without parole and death.

Utah prisons are overpopulated, and too many people are serving sentences much too severe for their crime.  There are also numerous, innocent people that have been falsely accused and now lie hopelessly in a prison cell.  If you’ve been charged with a felony, don’t wait for just any lawyer to call you.  Be proactive and hire an attorney who has a proven track record in criminal defense.  Once again, your life depends on it.

Utah Legal Definition: Commercial Burglary

Utah Criminal Defense Blog, on the topic of  Crimes, Utah Law, Utah Legal Definition
0comment
Shoplifting

Photo: Alexandria

A new bill which revises current retail theft statutes and creates a new commercial burglary crime has been passed by the House and could soon make its way into Utah law books.  This revised shoplifter law comes down hard on immature minors, desperate adults and out-of-control kleptomaniacs.

First, the law will give merchants the right to ban people found guilty of shoplifting at their store through proper, written notification.  If the offender returns to the establishment, then leaves with unpaid goods for a second time, she will likely be charged with commercial burglary, a third-degree felony punishable of up to five years in prison.  Being found guilty of shoplifting for a third time at the same premises is a second-degree felony and could land one behind bars for up to fifteen years.

We believe the creation of harsh penalties for petty thieves merely overwhelms our prison system and introduces them to potentially more serious crimes. This also puts small-town shoplifters at a disadvantage as there may only be a handful of stores from which to steal.  If you’re absolutely convinced that shoplifting is the career path for you, play it safe and consider a larger city that has an assortment of shops to choose from.

The Law of Mayhem

Utah Criminal Defense Blog, on the topic of  Crimes, Criminal Defense Misc, Utah Law, Utah Legal Definition
0comment
http://www.flickr.com/photos/29253520@N03/4158353924

photo: bosiemochi

Utah Code states that any person who intentionally deprives someone of a body part or disables or renders it useless is guilty of mayhem.  Back in 1973, when the law was enacted, the suits in congress felt the need to further elaborate by stating that mayhem included “disabling the tongue, putting out an eye, or slitting the nose or lip.”

England first established the law of mayhem in the 16th century to help preserve a person’s body, so that he would be able to fight in the military as a subject of the king.  As long as the injury you caused a person didn’t prevent them from efficiently killing or dismembering an enemy of the crown, you weren’t tried for mayhem.  Today, however, the law of mayhem is used more loosely on the subjects of the State.

About a month ago, Joshua Bowen, a 22-year old from Salt Lake City, bit off the nose of his girlfriend’s father.  Although one hasn’t a need for a snout in order to serve this country’s military, Joshua was charged with mayhem nevertheless.

Mayhem is a second-degree penalty and is punishable by up to fifteen years in prison.  While duking it out in your next barroom brawl, Utah lawmakers would like you to take a few seconds that you don’t have and carefully reconsider a finger to the eye, bite to the nose or knee to the groin.

Gambling Illegal In Utah

Utah Criminal Defense Blog, on the topic of  Utah Law, Utah Legal Definition
0comment

It may not seem all too surprising given its dense and ultraconservative laws, but Utah happens to be one of only two states where gambling is completely and undeniably illegal.  According to the Utah Code of Law, “any game of chance, lottery or gift enterprise under any pretense or for any purpose is prohibited.”

Poker, slot machines and state lotteries immediately come to mind as common forms of gambling.  Not so obvious are the various forms of insider sports gambling.  That’s right Packer fans.  The loot you just won on yesterday’s Super Bowl game is considered dirty money in the Beehive State and may need to be passed on to your bail bondsman.  Many Utahans openly participate in sports pools and brackets.  Very few of these people realize that in Utah, as well as in most other states, these pools are illegal if there is any money exchanged.  The Utah Code of Law further defines gambling as follows:

(2) (a) “Gambling” means risking anything of value for a return or risking anything of value upon the outcome of a contest, game, gaming scheme, or gaming device when the return or outcome:
(i) is based upon an element of chance; and (ii) is in accord with an agreement or understanding that someone will receive something of value in the event of a certain outcome.
(b) “Gambling” includes a lottery and fringe gambling.
(c) “Gambling” does not include:
(i) a lawful business transaction; or (ii) playing an amusement device that confers only an immediate and unrecorded right of replay not exchangeable for value.