Posts Tagged ‘Felony’
A 20-year-old Holladay man has been charged with automobile homicide in connection with his alleged role in the death of a jogger last March.
The accused supposedly drifted across lanes and struck the victim, who was on the shoulder of the road. The man is facing several criminal charges including: automobile homicide, possession of a firearm by a restricted person and driving with a controlled substance in the body and causing death.
What Constitutes Automobile Homicide?
Criminal homicide is automobile homicide if a person causes someone else’s death while driving a vehicle in a criminally negligent manner while being under the influence of a drug or alcohol. You will be considered DUI in Utah if your blood or breath alcohol concentration is .08 grams or higher.
Being criminally negligent means that you act in such a way that you ought to be aware of a substantial and unjustifiable risk that certain circumstances exist or a certain result will occur. Also, the risk must be of a nature and degree that the average person would normally exercise reasonable judgment in the same circumstance.
Penalties
Automobile homicide under the above circumstances is a second degree felony. If you’re found guilty of automobile homicide, the penalty could be from 1-15 years in prison. If a person is found guilty of multiple felonies or misdemeanors, he could potentially serve many years in prison.
Talk to a Utah Criminal Defense Attorney
If you’re on the wrong side of the law, don’t wait to discuss your case with a Utah criminal defense attorney. It’s never too late to get the legal help you need and deserve. Make the right call today.
Tags: alcohol, automobile homicide, crime, criminal homicide, drugs, DUI, dwi, Felony, Homicide, murder, utah
Posted in Alcohol in Utah, Drugs in Utah | No Comments »
Many people serve as public servants throughout Utah, and you can count on the average public servant to do his job well and without misconduct. There are laws, however, to help deter a public servant from doing the wrong thing and ending up with fines or jail time.
Photo: Francisco Osorio
Official Misconduct—Using Inside Information for Unlawful Acts
A public servant is guilty of committing a class A misdemeanor if he has inside knowledge about an official action or information which he has acquired as part of his office (or from another public servant) and the information hasn’t been made public and he:
• Either acquires or gets rid of any property, transaction or enterprise he has a financial interest in which might be affected by the official action or information
• Speculates or wagers on the basis of the action or information or
• Purposefully helps someone else do any of the above
Alteration of Proposed Legislative Bill or Resolution
This law involves bills presented to and by state senators and legislators. If a draft bill has been presented to the state’s House or the Senate for passing or adoption and the draft bill is fraudulently altered using different language than was intended, the person responsible would be guilty of a third degree felony.
Altering Enrolled Legislative Bill or Resolution
The same charge applies to anyone who alters an enrolled bill or resolution. It’s a third degree felony to make any language changes to an enrolled bill or resolution which has been passed or adopted by the Legislature.
It’s important to remember that even though a person is charged with a crime, it doesn’t automatically mean he’s guilty. Charging someone with a crime more or less gets the legal ball rolling and enables a defendant to hire legal counsel.
Talk to a Utah criminal defense attorney right away if you’re facing criminal charges. It’s never too late to get the legal help you need.
Tags: attorney, crime, Felony, legal, legislator, legislature, misconduct, public servant, utah
Posted in Utah Legal Definition | No Comments »
Since a lot of people like to drink a nice cold beer or glass of wine from time to time, it’s good to be reminded of what the penalties are for being found guilty of a Utah DUI. Those consequences can be quite severe, and it doesn’t take much alcohol in your blood stream to be considered under the influence in Utah.
Photo: nerissa’s ring
How Much Alcohol is Necessary for a Utah DUI?
You are not legally allowed to operate a vehicle in this state if any of the following occur:
• If your blood or breath alcohol concentration is .08 grams or greater at the time of a chemical test or
• If you are under the influence of alcohol, any drug or the two combined and it’s determined that you can’t operate a vehicle safely or
• If you have a blood or breath alcohol concentration of .08 grams or more at the time of operation or actual physical control of a vehicle
Penalties for Utah DUI
Most first time Utah DUI offenders are charged with a class B misdemeanor. The charge increases to a class A misdemeanor if you
• Inflict bodily injury upon someone as a result of your negligent behavior
• Have a passenger under 16-years-old at the time of the offense
• Are 21-years-old or more and have a passenger under the age of 18 in your vehicle
You may be charged with a third degree felony if you cause serious bodily injury on someone else or if you’ve had two or more prior convictions which are within 10 years of:
• The current conviction or
• The time of the offense for the current conviction or
• A conviction of automobile homicide or
• A felony violation for a Utah DUI
As you can see, the laws concerning DUIs in Utah can be complex and confusing, particularly to the average citizen. That’s why you should immediately discuss your case with a Utah criminal defense attorney if you’ve been charged with a Utah DUI or any other crime.
It’s in your best interest to have a reputable legal expert on your side in any criminal matter. Make the right move and talk to a Utah criminal defense attorney today.
Tags: alcohol, crime, drunk, DUI, Felony, Misdemeanor, utah, vehicle
Posted in Criminal Defense Misc, DUI in Utah | No Comments »
Have you ever lied on a mortgage application? Maybe you fudged a little on your income or other pertinent information? If so, you may have committed mortgage fraud.
Photo: James Thompson
What is Mortgage Fraud?
You may be guilty of mortgage fraud if you do any of the following:
• knowingly make any material lie or omission during the mortgage lending process, intending that it be relied upon by a mortgage lender, borrower or any other party
• knowingly use or facilitate the use of any lie or omission during the process when you know that a party involved will rely upon the accuracy of your information
• file or know it will be filed with any Utah county recorder any document you know contains lies, inaccuracies or omissions
• receive any proceeds or compensation in connection with a mortgage loan that you know is inaccurate
Mortgage fraud also includes giving the wrong information for a loan renewal or refinancing. The level of crime you would be charged with depends on the value (total value of property, money, things obtained or sought to be obtained) or reason for committing the fraud.
Class A misdemeanor—value of $500-$1499
Third degree felony—value of $1500-$4999
Second degree felony—value of $5000 or more
Second degree felony—if the reason for the fraud is to gain sensitive personal identifying information (no matter what the value)
If you commit mortgage fraud, you may find yourself facing other civil, criminal and/or administrative penalties as well as the penalties already mentioned.
Hire a Top Utah Criminal Defense Attorney
You deserve to have top legal representation—regardless of your culpability. We believe that any person accused of a crime should have his case tried in court, not in the press or before the trial.
Talk to a reputable Utah criminal defense attorney if you’re facing any criminal charges. You need to have someone who understands Utah law on your side, both in and out of the courtroom.
Tags: civil, crime, Felony, fraud, mortgage, mortgage fraud, utah
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Authorities are still looking for an alleged shoplifter who pulled a knife on Walmart security employees back in March.
The Midvale store reported that the person appeared to be shoplifting and was approached by security. At that point he brought out a knife and managed to get out of the store. He seemed to be in his late teens or early 20s. Walmart recently released security video footage, hoping to get help in identifying the culprit.
Shoplifting isn’t Good, but Aggravated Robbery is Worse
Although you shouldn’t be a shoplifter, it’s probably safe to say that pulling a knife on someone is infinitely more serious than pocketing some merchandise. In fact, it’s possible to be charged with aggravated robbery if the following circumstances occur during a robbery:
• a dangerous weapon is used or threatened to be used
• serious bodily injury upon another person occurs
• an operable motor vehicle is taken or attempted to be taken
Aggravated robbery is a first degree felony. Keep in mind that being convicted of a first degree felony can come with a prison sentence of 5 years to life.
What to Look for in a Utah Criminal Defense Attorney
No matter what crime you may be charged with, we’re here to help. If you’ve been arrested or are being investigated for committing any crime, now is the time to talk to a Utah criminal defense attorney.
You should look for an attorney who fights aggressively for his clients, both in and out of court. Your attorney needs to treat your case as importantly as the next guy’s. You shouldn’t hope that the court will find in your favor; you need to protect yourself and your rights by having the best legal representation you can find.
Look out for yourself. Contact a Utah criminal defense attorney today.
Tags: aggravated robbery, crime, Felony, robbery, shoplifter, shoplifting, utah
Posted in Utah Crime News | No Comments »
Poaching in Utah is against the law, and people who are found guilty of that crime may find themselves in danger of going to prison as well as paying hefty fines.
Photo: Laramie River Dude Ranch
Current Headline on Poaching
Several people are in legal hot water following their poaching escapades throughout Utah. It is a third degree felony to capture, injure or destroy protected wildlife with intentional, knowing or reckless conduct, and all of the individuals arrested pleaded guilty to one or more counts of this crime.
It is also illegal to
• abandon protected wildlife or a carcass
• commit poaching at night with the use of a weapon
• poach for financial gain
It is possible to be charged with a misdemeanor; the criminal charge depends on the value of the animal poached. For example, bighorn sheep, bears and endangered species are (for the purposes of determining criminal culpability) worth $1000 each. Elk or threatened species are worth $750 each and cougars, golden eagles, river otter and gila monsters are each valued at $500.
Mandatory Jail Time is a Poaching Penalty
Part of the state’s mandatory sentencing for third degree poaching includes serving a jail sentence of no less than 20 days, unless the court finds particular reasons why a sentence should be suspended or lessened.
No matter what crime you may be charged with, you need to talk to a Utah criminal defense attorney. It’s important that your interests be protected in any criminal matter, and you can be sure the prosecution won’t be spending a lot of time watching out for you.
That’s where your attorney comes in. Find a reputable Utah criminal defense attorney who will listen to you and fight for your rights. Make the right call today.
Tags: animals, attorney, crime, Felony, fine, law, Poaching, utah
Posted in Criminal Defense Misc, Utah Legal Definition | No Comments »
With the events at the Boston Marathon today on many people’s minds, it’s a good time to review terrorism and what penalties apply to folks who threaten terrorism in Utah.
Photo: The Consumerist
If someone threatens to commit any act of terrorism in Utah, he may have more to contend with than just Utah authorities. The odds are good that federal law enforcement would descend on the state rather quickly—especially if the threat is carried out.
Threatening Terrorism is a Crime
It is a crime to threaten to commit a terrorist act. If you threaten to commit any offense involving bodily injury, death or substantial property damage
• By using a weapon of mass destruction or
• By using a hoax weapon of mass destruction or
if you try to
• Coerce or intimidate a civilian population or to influence or affect the conduct of government or a unit of government
• Prevent or interrupt the occupation of a building where the public has access (or a portion of the building) or a facility or vehicle of public transportation or
• Cause action of any nature by an official or volunteer agency organized to deal with emergencies
you may be guilty of threat of terrorism. Depending on which part of the law you break, you may be charged with a second degree or third degree felony.
In case you think that it’s okay to make a terrorist threat that you don’t try to carry out or aren’t able to carry out, think again. You can’t use that as a defense. Also, if you threaten terrorism and carry out your plan, you can be punished for both the threat and any additional crime that you commit.
You also will be required to reimburse any agencies involved for their expenses and losses incurred as a result of your actions.
Consult with a Utah Criminal Defense Attorney
We highly recommend that you avoid making terrorist threats and carrying them through. Nevertheless, we are here to help anyone accused of a crime—no matter how serious—in Utah.
Talk to an experienced Utah criminal defense attorney right away if you’ve been arrested or are being investigated for any crime. It’s never too late to get the legal help you need and deserve.
Tags: boston, boston marathon, crime, Felony, law, terrorism, terrorist, utah
Posted in Crimes | No Comments »
It’s always a good idea to lock your cars and homes, regardless of where you live, in order to deter potential burglars from stealing your valuables. Many residents in Weber County—specifically West Haven and Hooper—are probably now taking that advice a bit more seriously after having their cars and garages broken into recently.
The Weber County Sheriff’s department reported that 29 burglaries have taken place during the last month, with 9 in one day. They noted that so many burglaries during that period of time is extremely unusual. Burglars are getting into unlocked cars and garages, taking everything from change to expensive electronics.
Burglary of a Vehicle
Burglary of a vehicle is a class A misdemeanor, which can send you to jail for up to one year. If you unlawfully enter any vehicle with the intent to commit a felony or theft, you will probably be charged with burglary of a vehicle. Additionally, you will likely also be charged with the specific felony or theft crime you commit.
Burglary of a Railroad Car
Interestingly, the state of Utah is also prepared with charges if you should decide to burgle a railroad car. Breaking the lock or seal on any railroad car you plan to burgle or commit another felony in is illegal, and you’ll be charged with a third degree felony. Keep in mind that a third degree felony conviction can carry the possible penalty of five years in prison.
Ask an Attorney for Advice
Talk to a Utah criminal defense attorney today if you’ve been charged with burglary or any other crime. Don’t discuss your case with anyone, especially police, unless your attorney recommends it. The prosecution and law enforcement have their own agenda, and it’s not protecting the person accused of a crime.
Protect yourself and call a Utah criminal defense attorney.
Tags: burglars, Burglary, crime, Felony, Misdemeanor, railroad car, utah, vehicle
Posted in Utah Crime News | No Comments »
In Utah, a person may petition the Appeals Court after he has been convicted of a felony for ineffective assistance of counsel—another way of saying that an attorney erred in some fashion. In order to claim ineffective assistance of counsel, a person must prove that his attorney’s performance was deficient and that such deficient performance prejudiced the defendant’s case.
Photo: roosac
State v. Jimenez
In a recent appellate case, State v. Jimenez, the convicted man filed a claim of ineffective assistance of counsel, stating that his attorney failed to do the following:
• Obtain forensic examinations of the victims
• Make appropriate motions
• Object to prior bad acts testimony from a witness
What Did the Court of Appeals Think?
The Court of Appeals determined that Jimenez’s attorney didn’t perform ineffectively because he didn’t ignore relevant evidence. They also decided that a case against a person may contain multiple charges against multiple victims if the charges are based on the same conduct or are otherwise connected.
The court noted that, concerning the witness’s testimony about prior bad acts, they do not decide whether or not Jimenez’s counsel should have objected—although they do say that no prejudice occurred from the testimony.
After reviewing the defendant’s claim of ineffective assistance of counsel, the court determined that Jimenez’s attorney did not err and the Appeals Court upheld his conviction.
Talk to a Utah Criminal Defense Attorney Right Away
It’s important that any person convicted of crime be able to appeal his case if he believes that an injustice occurred. That’s where an attorney comes in. Don’t hesitate to contact a Utah criminal defense attorney if you want to appeal your felony conviction or if you’re just at the beginning of your criminal case. Get the legal experience you need on your side today.
Tags: Appeal, counsel, court, crime, Felony, law, utah
Posted in Utah Court | No Comments »
We’ve previously discussed the Mountain Man cabin burglaries on this blog; a suspect in the string of robberies has been arrested in a law enforcement operation involving multiple agencies.
Photo: Doug Kerr
Mountain Man Burglaries
Troy Knapp, aka the Mountain Man, was taken into custody after running into a father and son who were hunting in the woods. The pair left Knapp without incident, but reported the run-in to police as soon as they got into cell phone range.
After receiving the tip, authorities from at least seven counties and several other law enforcement groups joined in the hunt for the man believed to be responsible for burglaries that took place throughout three counties over more than seven years.
Who’s Holding Him?
Knapp, who allegedly shot at a Department of Public Safety helicopter quite a few times during the chase, is now sitting in the Sanpete County Jail. Currently facing 18 criminal charges, Knapp may be charged with additional burglaries depending on the evidence and prosecutors in three counties: Kane, Garfield and Iron.
Some of the criminal charges Knapp is accused of throughout the two judicial districts include: first degree felony aggravated burglary and 10 counts of second degree burglary. A first degree felony conviction can earn a person anywhere from 5 years to life in prison, while a second degree felony guilty verdict may send someone to prison for 1-15 years.
It will be interesting to follow this case through to a conclusion, which may not end with guilty verdicts. After all, we still hold onto the belief that a person is innocent unless proven otherwise.
Let an Experienced Utah Criminal Defense Attorney Handle Your Case
If you find yourself in a legal bind, don’t wait to consult with a top Utah criminal defense attorney. Getting the right legal advice and support may make all the difference in your criminal case. Talk to an attorney today.
Tags: burglaries, Burglary, crime, Felony, prison, robbery, Theft, utah
Posted in Utah Crime News | No Comments »
