Posts Tagged ‘attempted murder’

Attempted Murder in Utah

Dec
31
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer
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A Utah man has been booked into jail while he’s being investigated for the attempted murder of his adult son.

Photo: Chelsea Gomez (Oakes)

Looking For Help

The man was arrested after he drove himself and his son to an area hospital following an alleged murder/suicide attempt. He supposedly administered a mixture of sleeping pills and other unidentified prescription meds to himself and his son, but when that didn’t work sought out medical help.

Apparently, the man is the primary caregiver for his 31-year-old son who has cerebral palsy. He told police he wanted to kill himself but not leave the care of his son to anyone else.

Attempted Murder is an Inchoate Offense

Atempted murder is classified as an inchoate offense. You may be guilty of attempting to commit a crime if you:

• Engage in conduct constituting a substantial step toward the commission of a crime and
• Intend to commit the crime or
• Act with an awareness that what you’re doing is reasonably likely to cause that particular result

Criminal attempt to commit a capital felony such as murder is a first-degree felony. Being found guilty of attempted murder could result in a punishment of an indeterminate sentence of at least three years in prison—and possibly life.

Talk to a Utah Criminal Defense Attorney Today

The man in question in this situation is obviously in need of help—legal and otherwise. Keep in mind that you don’t need to be facing an attempted murder charge to talk to an experienced, respected attorney. Anytime you have been charged with a crime you should immediately contact a top Utah criminal defense attorney. Make the right call today.

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Utah Capital Murder Case Dismissed

Nov
07
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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A Utah man, Donald Eugene Younge, has had a capital murder charge against him dropped by the prosecution in the case.

Photo: David Davies

Capital Murder in Utah

Younge was charged in 2008 with numerous felonies relating to the 1999 murder of a University of Utah student and attempted murder of her friend. Younge supposedly entered the student’s apartment and eventually stabbed two occupants, one dying from her injuries. The other victim identified Younge as the person who attacked her, but at this point the prosecution seems to feel there is not enough evidence to go forward with the case.

The capital murder case against Younge was dismissed without prejudice. That means that prosecutors can re-file capital murder charges against the man at some future point if they believe they have the appropriate evidence. According to reports, Younge’s defense attorney has consistently maintained that his client is innocent of the (now dismissed) charges. Younge is currently serving a lengthy prison sentence on an unrelated conviction.

You Need a Utah Criminal Defense Attorney

It is always prudent to obtain the advice of a top Utah criminal defense attorney if you are charged in any criminal matter, or even if you are being investigated in a criminal inquiry. Don’t discuss your case with police or prosecutors without talking to an attorney. Remember that law enforcement has their job, and it’s not necessarily to prove your innocence.

Make the right move and call a Utah criminal defense attorney today. It may be the best choice you’ll ever make.

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Juggalo Artists Sue the FBI Over Gang Label

Oct
03
Utah Criminal Lawyer, on the topic of  Crimes, Criminal Defense Misc, Evidence, Utah Crime News
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Insane Clown Posse and Psychopathic Records have filed suit against the Federal Bureau of Investigation. In 2011, the FBI released it’s national threat assessment and included Juggalos as a “loosely-organized hybrid gang.” According to the ICP’s statement on their website, www.insaneclownposse.com, this is the first time that music fans have been grouped together and accused of being a gang organization solely for their music preference. ICP believes this designation is undeserved, declaring that Juggalos are not a gang, “We are a family!”

The suit claims that the government failed to respond to requests for the information the FBI used in making their report. But ICP is also gathering information on its own, calling on Juggalos to submit “Legal Action Questionaires” online, describing how they have been mistreated.

The debate over whether Juggalos are a gang has been going in Utah for several years. In January 2009, Scott Tyler Stapley, a self-proclaimed Juggalo, was convicted of first-degree felony attempted murder for attacking a 17-year-old boy with a medieval battle-axe. Since that time, Utah law enforcement has connected other violent crime with individuals identified as Juggalos. See Melinda Rogers, Juggalos: Family or Gang, Salt Lake Trib. (Oct. 2, 2009, 8:32PM). Whether these singular violent incidents and others nationwide are sufficient to create a pattern of criminal activity deserving a gang designation seems to be a legitimate legal question, best answered by the data relied on by the FBI.

For those of you still wondering what a Juggalo is, ICP has answered that question in song form. We will leave it to the reader to explore that fully, due to potentially explicit content, but what we do know is that they seem to be “down with the clown, yo.” See Insane Clown Posse, “What is a Juggalo?”

 

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Mistrial for Attempted Murder Case in Utah

Aug
14
Utah Criminal Defense Blog, on the topic of  Legal Process
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We previously discussed an attempted murder case in Utah involving a woman who allegedly tried to kill her husband. That case recently went to trial, only to have a mistrial declared a few days ago. The mistrial was decided upon by the judge after reports surfaced that some of the jurors may have been discussing the case outside of the courtroom.

Photo: Dean812

The accused, Brenda White, allegedly drove her car through the window of an office building back in 2006. During the incident, White’s ex-husband’s legs were broken, but he wasn’t killed. White has admitted taking several Xanax prior to driving her car through the window. Xanax is a drug that is frequently used to treat anxiety and panic disorders.

Since a mistrial was declared, the case will reset and a new trial date will be scheduled.

There can be several reasons a mistrial occurs in addition to jurors talking about a case at the wrong time. One such reason can be if there is misconduct by either side that taints the evidence. Another situation that sometimes arises is if the jurors deadlock. In order to have a criminal conviction, the jury must reach a unanimous decision—there’s no “majority rules” in district court.

Since you never know for certain how a case will proceed, it makes sense to have the best possible legal representation you can find. When you’re fighting a criminal matter, you want to feel confident in your attorney. Look for someone with expertise in defending a variety of criminal charges. Contact a top Utah criminal defense attorney at your first opportunity—you’ll be glad you did.

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Self-Defense or Attempted Murder?

Jul
16
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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There are times when police have to decide whether an incident is self-defense or actually attempted murder. A recent situation in Utah left police to make precisely that decision, and a man is now in jail while being investigated for attempted murder.

Photo: Iain Watson

Alleged Attempted Murder

The alleged attempted murder occurred when the victim went to a woman’s apartment; interestingly, the woman had a no-contact order against the victim, but supposedly invited the man in anyway. Another man was with the woman, and at some point the two men began arguing. The arguing ended with the victim being shot in the stomach by the other man.

Both the woman and the shooter were arrested, pending investigation, but police seem to think that the shooting was not in self-defense.

Affirmative Defense

In Utah it is an affirmative defense to an attempted aggravated murder charge that the defendant attempted to cause a person’s death under a reasonable belief that the circumstances provided a legal justification or excuse for his actions, even if the conduct was not legally justifiable or excusable under the existing circumstances. That affirmative defense would reduce the charged from attempted aggravated murder to attempted murder.

Why You Want to Hire a Utah Criminal Defense Attorney

In the case, the alleged shooter has only been charged with investigation of attempted murder, so we don’t know what charge, if any, he will eventually face. That’s why it’s vital to have an experienced Utah criminal defense attorney represent anyone charged with a crime, no matter what he is accused of. An attorney knows Utah law and will be able to give you the best advice possible, regardless of the circumstances.

Invest in your freedom and reputation by contacting a Utah criminal defense attorney today.

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Attempted Murder During Yard Work in Utah

Oct
31
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Most people aren’t normally worried about a neighbor committing attempted murder on them while they’re working in their yard. Unfortunately, a Utah man doing yard work was shot at by his neighbor and hit twice during what police are calling an attempted murder.

What Prompted the Attempted Murder?

Photo: Mike Finkelstein

Law enforcement isn’t sure what prompted Michael Selleneit to allegedly shoot repeatedly at his next door neighbor yesterday. Selleneit has apparently made many severe accusations against his neighbor over time, but police stated that there aren’t any suggestions that the accusations are true.

The victim was seriously injured in the shooting. Police stated that Selleneit is believed to be the shooter and will be booked into jail on attempted murder charges. Also, Selleneit is not supposed to be using firearms, a consequence from past criminal activity.

Hopefully, the victim won’t die from his injuries. A loss of life is never a good thing, especially for the victim and his family. This situation does make you wonder what was going through the alleged shooter’s mind at the time of the incident. If Selleneit is indeed the shooter, he will be in need of a very good Utah criminal defense attorney.

Possible Legal Consequences of Attempted Murder

Attempted murder is a generally a first-degree felony and carries a potential penalty of three years to life in prison. Murder can be a first-degree felony or a capital offense, depending on the circumstances surrounding the crime, and the penalty can vary considerably depending on the case’s outcome.

Protect Yourself by Hiring an Attorney

We don’t know any more particulars of the situation at this point, but we do know that anyone accused of a crime should engage legal counsel on his or her behalf. Law enforcement will be looking for someone to shoulder the blame, so you should look for a criminal defense attorney who will do his best to stand up for your rights.

You don’t have to be facing an attempted murder charge to hire an attorney. You need to protect yourself by having a Utah criminal defense attorney who will provide you with a vigorous defense, regardless of the charges against you.

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Attempted Murder Using Peach Smoothie in Utah

Sep
19
Utah Criminal Defense Blog, on the topic of  Humor, Utah Crime News
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Creativity abounds everywhere, even by folks who are trying their hand at murder. Selena Irene York is currently sitting in an Oregon jail on a fugitive hold from Utah after recently pleading guilty to multiple identity theft and fraud charges in Oregon.

The History

Photo: Sara

York is accused of the attempted murder of Ed Zurbuchen, her former landlord in Vernal, Utah. In 2008, she allegedly purchased three smoothies from one location and a gallon of antifreeze from another location. The allegations state that she returned home and poured out half of one smoothie and had her teenage daughter fill the cup back up with antifreeze. York supposedly then gave the antifreeze-laced drink to Zurbuchen, who was later taken to a local hospital apparently suffering from a stroke. It was later determined that Zurbuchen had been poisoned.

Result of a Guilty Verdict for Attempted Murder

York is expected to be back in Utah in the next couple of weeks to face the attempted murder charge awaiting her, a second-degree felony. In Utah, a guilty verdict on an attempted murder charge can send a person to prison for 15 years.

The Right Time to Hire an Attorney

First and foremost, the best course of action is not to attempt to murder anyone. However, some folks will ignore this advice and find themselves in a bad spot with law enforcement, anyway. If you are in legal trouble, you need to get competent legal representation immediately. Don’t settle for an average attorney, though. Hire an experienced Utah criminal defense attorney who has a proven record and reputation for defending his or her clients with vigor. Now is not the time to sit back and wait to see what happens. You should take care of yourself and make certain that your rights aren’t trampled on. Contact an attorney today.

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Attempted Murder Investigation in Utah

Aug
30
Utah Criminal Defense Blog, on the topic of  Utah Crime News, Utah Law
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An attempted murder and aggravated burglary investigation is underway in West Valley City concerning an incident last Sunday evening. Three men allegedly responsible for starting an altercation have been booked into jail. The men reportedly broke into a neighbor’s home over a dispute involving a laptop. Police say that after the three men went into the home, a major brawl ensued, during which the three men and the alleged victim all received some injuries. Apparently, the victim’s girlfriend was so frightened she broke a window and jumped out of it.

Photo: Ben Babcock

A criminal attempt to commit a capital felony, which includes murder, is a first-degree felony. That means that attempted murder is a first-degree felony, because murder may be charged as a capital crime (which could be punishable by death) or as a first-degree felony (which could carry a sentence of five years to life in prison).

Aggravated burglary occurs when the perpetrator of the burglary:

• injures someone not participating in the crime, such as the victim;
• uses or threatens to use a dangerous weapon against the victim; or
• possesses or attempts to use any explosive or dangerous weapon.

Aggravated burglary is also a first-degree felony, punishable by five years to live in prison. It is believed that at least one of the men had a knife and another man carried a bat. Burglary committed in a dwelling is usually a second-degree felony, but when any of the above-listed items also occurs, the penalty is increased to a first-degree felony.

There is likely more to the story than we currently are aware of. The men who were arrested will have their own opportunity to talk to an attorney who can help them through the legal process that will undoubtedly follow. It may be that a judge or jury will decide where the truth is in this situation.

Anytime you are involved in any legal dispute, don’t wait to contact an attorney. A criminal defense attorney will answer your questions and represent your best interests in any criminal matter. No problem is too big or too small for an experienced Utah criminal defense attorney.

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Utah Men Charged with Attempted Murder

Jul
06
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Two Utah men have been charged with attempted murder after a May 10 shooting at a West Valley City grocery store parking lot. Apparently, the two men were allegedly involved in a drug deal prior to the shooting incident. At the conclusion of the drug deal, several armed individuals showed up and order the shooting victim and another man into one of the armed person’s car. The victim and the other man went to their own car instead. The victim recalls hearing several gunshots and soon realized he had been shot. Police found two shell casings in the parking lot.

In addition to being charged with attempted murder, one of the alleged shooters was also charged with possession of a controlled substance. Attempted murder is a first-degree felony and carries the possible sentence of five years to life in prison. The charge and penalty for possession of a controlled substance depends on the type and amount of the substance.

An important thing to remember is that in Utah, as throughout the United States, people are considered innocent unless they are proved to be guilty. If you take into account that there were a number of people armed with guns present at the time of the shooting, it would be vital to know whose guns the shell casings came from. These men undoubtedly are in need of excellent legal representation.

Remember that every person charged with a crime is entitled to an attorney and should acquire legal advice as soon as possible. There is as much need for defense attorneys as there is need for police and prosecutors. Not knowing what situations you might find yourself in is part of life, but that doesn’t mean you have to leave your future to chance, particularly if it could involve prison.

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Attempted Murder Conviction in Utah

May
04
Utah Criminal Defense Blog, on the topic of  Dealing with Police, Hiring a Lawyer, Utah Law
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There is no question that attempted murder is a serious offense. Last week, Cody Augustine found out just how terrible attempted murder is when he was sentenced to a Utah prison for three years to life for his role in the 2008 battle ax attack on a 17-year-old boy. The jury found Augustine guilty of first-degree felony attempted murder and rejected defense counsel’s request for conviction on a lesser charge.  The sentencing judge gave the defendant the maximum sentence possible.

Photo: Griannan

There are many reasons to contact an attorney when you are faced with a difficult situation, but if you or someone you care about needs help with any serious crime, do not settle for anyone less than the best. The right defense counsel will listen to your side of the story, something the police might not be interested in. Use your right to counsel, and don’t say anything to the police. Let an experienced Utah criminal defense attorney do your talking. There’s a reason attorneys attend an additional three years of law school and must attend continuing legal education throughout their career. They learn the law so that you don’t have to. Some law enforcement personnel may inadvertently or purposefully take advantage of your lack of knowledge when it comes to the legal system. That is when your Utah attorney will step in, doing his or her own professional investigation and making sure the facts are accurately portrayed.

Remember that some situations get out of control, and it’s not necessarily your fault. Perhaps you got caught up in the heat of the moment. Whatever happened, you are entitled to the best defense possible, so get an expert in Utah criminal law on your side, fighting for your rights.

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