Posts Tagged ‘gun’

Man with BB Gun Shot by Police

Jan
08
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A man who police believed may have been suicidal was shot by police twice after he pointed a gun at the officers.

It seems that the man was holding a BB gun, although the police who responded were unaware of the type of gun. They asked him several times to put the gun down, but didn’t; eventually pointing the BB gun directly at a police officer. At that point the man was shot by police two times. Fortunately for him, the wounds do not appear to be life-threatening.

There is no immediate information on what charges the man will face, but the odds are good he’ll be in some legal trouble following his recovery. In fact, he may be charged with assault against a police officer.

Assault against a police officer or member of the military acting within his scope of duty is usually a class A misdemeanor. The exception to that charge is if a person violates this law more than once he will be guilty of a third degree felony.

If you are found guilty of this charge a second time, you will be required to serve a minimum of 90 ninety days in a prison or jail. Any additional offense will send you to jail or prison for 180 days. Under certain circumstances, a court may suspend a sentence concerning this law.

You needn’t wait to be arrested or charged with a crime to contact a Utah criminal defense attorney. It is in your best interests to make the right phone call today and get your life back on track.

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Posted in Utah Crime News | No Comments »

Online Gun Renewal in Utah

Sep
19
Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc
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Some controversy has sprung up over the ability of concealed weapons holders to utilize online gun renewal services in Utah.

Photo: Luis Tamayo

Those who are advocates of the online gun renewal option note that people still have to apply for their initial concealed weapons permit in person. The Utah Department of Public Safety stated that offering online gun renewal saves the state and the public money by streamlining the process. A renewal costs $15.

People who are against online gun renewals disagree with the fact that a concealed weapons applicant doesn’t have to exhibit experience with a gun in the first place, and now those inexperienced permit holders can renew with ease.

Citizens wishing to apply for a concealed weapons permit have to produce the following at the time of the initial application:

• a government issued identification with photo and fingerprints
• pass a background check
• complete a Bureau of Criminal Identification certified training course

The training course doesn’t necessarily require firing a gun, but some courses provide such training anyway.

How do you feel about the online gun renewal process in Utah? Theoretically, if someone wants to possess a gun, he will find a way with or without a permit. Maybe there needs to be more rigorous standards required at the time of a person’s initial application. On the other hand, perhaps you believe it’s a right of all Americans to bear arms if they wish.

Regardless of your personal opinions, if you ever find yourself on the wrong side of the law you should make the right choice and contact a Utah criminal defense attorney. Whether your legal problems are gun-related or not, a top criminal defense attorney is the best person to advise you—no matter what your situation may be. Get yourself on the right track and call a Utah criminal defense attorney today.

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Posted in Criminal Defense Misc | No Comments »

Classified Sale in Utah Turns into Armed Robbery

Jul
30
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah man recently came face-to-face with a gun when a supposed classified sale for a laptop turned into armed robbery.

Photo: bfishadow

What Happpened…

The victim was attempting to purchase a laptop from a person who’d advertised on ksl.com, but the sale was a hoax and the victim had $1500 in cash stolen from him instead. The victim met the “seller” at the designated location with cash in hand, but after a few minutes of chatting the victim found himself with a gun pointed at his head. The armed robber reached in through the victim’s car window, grabbed the money and took off in a waiting vehicle whose license plate was conveniently covered and unreadable.

The victim went after the thief, but couldn’t catch up with him. He stated that he was lucky to escape with his life, and in retrospect realized he shouldn’t have chased after the robber.

Be Careful!

Online classified ad sites can be the source of great bargains, but can also be the perfect place for unscrupulous people wanting to make fast money. Fortunately, most people don’t resort to armed robbery to get their income, but you should still exercise caution when meeting up with someone who’s selling something. Never go to someone’s home or meeting place alone and preferably don’t take large amounts of cash with you. Check things out first and then return to make your purchase.

Call a Utah Criminal Defense Attorney

If you’re on the other side of the coin and have been arrested for a crime such as armed robbery, don’t wait to make that important phone call to a Utah criminal defense attorney. Some people end up in a financial bind and may feel that stealing is their last resort. Get the legal help you need from a top Utah criminal defense attorney today.

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Posted in Utah Crime News | No Comments »

Aggravated Kidnapping and Sexual Assault in Utah

Jul
11
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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A Utah man is facing several criminal charges including aggravated kidnapping and sexual assault following an incident with a female coworker in the man’s home.

The Allegations

The story goes that the two coworkers went to the man’s home after work, had a few drinks and the woman went to rest in the man’s bedroom. She woke up with him allegedly on top of her and handling her in a sexual manner.

At some point, he supposedly hit her and pushed or threw her down some stairs. He was also in possession of a gun and refused to let her leave his home. Somewhere along the way she escaped and got a hold of police.

When police arrived, they found drugs and a gun. The accused has been charged with aggravated kidnapping, sexual assault, assault, drug charges and possession of a gun (by a restricted person.)

Each charge on its own is serious, but this man is looking at a first-degree and two second-degree felonies as well as a bunch of misdemeanor charges. We hope he has a top Utah criminal defense attorney representing him.

It Can be Tempting to Judge

Not knowing the complete story, it would be wrong to make any judgments at this point. It’s always a little confusing when a man, a woman, a bed and drinking are involved in a situation. It can be hard to pinpoint exactly who is at fault or to blame for an altercation.

That’s why you need to have a Utah criminal defense attorney on your side if you are charged with any criminal acts. Don’t leave your freedom and reputation to chance. Take the time to find an attorney you are comfortable with and who will defend you to the fullest extent possible.

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Gun Found in Carry-on Luggage in Utah

Oct
26
Utah Criminal Defense Blog, on the topic of  Constitutional Rights, Question
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The right to have a gun in Utah is acceptable, with the appropriate permits. However, no matter what type of license or concealed weapons permit you may possess, you need to remember that attempting to take a gun in your carry-on luggage through any airport security will get you arrested. Five people planning to board various flights leaving the Salt Lake International Airport this month didn’t heed that particular piece of advice.

There’s a Gun in My Bag?

Photo: Bill Bradford

The most recent gun-related incident involved a passenger carrying a handgun with seven rounds of ammunition in his carry-on bag. The man was arrested, but the FBI isn’t planning to file federal charges. In Utah, it is at least an infraction to possess a dangerous weapon, which includes a loaded gun, in an airport. A person could be charged with a class A misdemeanor if the authorities determine the person knowingly or intentionally had the loaded gun in his possession.

The Best Way to Take Your Gun on a Trip

According to the Transportation Safety Administration, there is a proper way to travel with a gun—but that doesn’t include carrying it with you on board a plane. You should declare the gun to the TSA, keep it in a case, unload it and place it in checked luggage.

A Few Utah Gun Rules

For those of you that keep firearms, there are some rules in Utah to follow to keep yourself and others safe. Even if you have a concealed weapons permit, you are generally prohibited from taking a gun into a private residence or house of worship. Also, don’t fire a gun from any type of vehicle. It’s illegal to shoot at road signs, too—even the ones with cow shadows on them. Just in case you’re tempted, don’t fire a gun inside a house, either.

Consult an Attorney

In spite of a lot of rules concerning where and when you can carry or fire a gun, Utah is generally a friendly state when it comes to the right to bear arms. If you still have questions about gun laws or if you are involved in any criminal legal action, whether it involves guns or not, take time to consult with a Utah criminal defense attorney. He or she can help you with your particular situation and give you the advice you need.

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Posted in Constitutional Rights, Question | No Comments »

Utah Man Allegedly Fires at Police

Jun
24
Utah Criminal Defense Blog, on the topic of  Crimes, Dealing with Police, Utah Crime News
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A man is currently hooked up to a ventilator in a Utah hospital after allegedly firing his gun at police and then shooting himself in the chest. Police state that when they attempted to serve Jason Valdez, who is a gang member, a felony drug warrant, he locked himself in his motel room. A standoff with police ensued, ending hours later with holes in the motel room walls (blasted through by SWAT team members) and Valdez with an apparent self-inflicted gunshot wound to the chest.

Photo: rossaroni

Police say they are going to charge Valdez with two charges of attempted aggravated murder. Aggravated murder is a first degree felony. When an individual is charged with an attempted crime, the charge is reduced by one degree. Therefore, attempted aggravated murder would be a second degree felony. Second degree felonies carry a potential penalty of one to fifteen years in prison.

An interesting side note is that the SWAT team apparently left a huge mess in the adjoining motel room to Valdez’s–everything from gaping holes in the walls to plastic bottles full of urine. The police explained that there were no bathroom facilities available to the SWAT team, and after a 12-hour standoff, they had to use what was available to them. According to the police, when the standoff was over, the SWAT team was traumatized and forgot to clean up. Apparently, there are methods of recourse for the occupants of the ruined room available through the city.

Without knowing Valdez’s side of the story, it wouldn’t be prudent to jump to any conclusions. Hopefully he will employ competent Utah criminal defense counsel to represent him for any charges he may face.

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Posted in Crimes, Dealing with Police, Utah Crime News | No Comments »

Alleged Murder/Suicide in Utah

Jun
23
Utah Criminal Defense Blog, on the topic of  Legal Process, Utah Crime News
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A man allegedly killed his wife and then turned the gun on himself Tuesday in a South Jordan park. Apparently, the woman had filed for divorce that same day. The wife was pronounced dead at the scene, but the man, as of Wednesday, is still in critical condition. Police were dispatched to the couple’s home in January of this year for a domestic violence situation. The man had two previous divorces, both of which involved claims of cohabitant abuse and protective orders. 

There are various situations for which a person can be charged with murder in Utah. Sometimes, murder in Utah is charged as a first degree felony. The Utah code states that criminal homicide constitutes murder if a person intentionally or knowingly causes the death of another. Again, there are many variables when a murder is charged. There is the charge when a person is arrested, but that may not be the same charge for which a person is prosecuted. First degree felonies in Utah can carry a five years to life penalty, but that can be different depending on the charges and what crime the person is ultimately found guilty of committing.

This alleged murder is an unusual circumstance. If the man survives his alleged suicide attempt, he may be charged with a felony; that depends on law enforcement and any other facts that may not be known at this time. 

Keep in mind that criminal charges of any nature should never be taken lightly. Additionally, criminal convictions can have a variety of negative consequences that may follow a person for life. If you, or someone you care about, need legal advice, contact a Utah criminal defense attorney right away. You need to know what your rights are and how to best protect yourself in the justice system. Don’t wait to get the assistance you are entitled to.

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Posted in Legal Process, Utah Crime News | No Comments »

Utah Gun Ownership Laws

May
05
Clayton Simms, Criminal Defense Attorney, on the topic of  Constitutional Rights, Utah Law
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It is well-known that Utahns feel strongly about gun ownership. In fact, Utah legislators recently designated the Browning pistol as the official state gun. However, don’t be fooled into thinking that you can carry any gun, anywhere and at anytime. There are laws regulating gun ownership in Utah that you need to be aware of, as well as legal problems awaiting you if you don’t heed the laws.

Photo: Rhys Asplundh

In 2008, the Supreme Court ruled that individuals do have the right to keep and bear arms, as stated in the Second Amendment to the United States Constitution, as long as they are used for traditionally lawful purposes. Additionally, the Court found that several longstanding prohibitions and restrictions on firearms possession were consistent with the Second Amendment. Keep in mind that in Utah, there are a lot of exceptions to the gun ownership rule. If you think you might not be allowed to possess a gun due to previous experiences in your life, check with an attorney who will advise you of your rights.

There are some things to know about carrying a gun on your person in Utah. You may not carry a firearm with or without a permit in areas where guns are prohibited and such prohibition is posted. Don’t carry a gun on your person in a secure airport area either, or in a courthouse, mental health facility, correctional facility or church where there is such a rule. It is also illegal to carry a loaded gun on any public street without a permit. If you are intoxicated or on drugs, carrying a gun on your person is not lawful, regardless of whether or not you possess a permit. It is legal, however, to carry a concealed weapon in your own home or place of business without a permit.

Remember that you must show proof of Utah residency in order to purchase a handgun in this state. Also, you don’t have to have Utah residency if you are purchasing a rifle or shotgun, but you will be subject to the laws in your state of residence.

As long as you’re willing to abide by the gun ownership laws in Utah, you can have a great time hunting, target shooting and enjoying other firearm-related activities. If you are having legal challenges concerning gun usage or ownership, talk to a Utah attorney who knows criminal law and will aggressively defend your case.

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Posted in Constitutional Rights, Utah Law | No Comments »

Guns Aren’t Toys in Utah

Apr
26
Utah Criminal Defense Blog, on the topic of  Crimes, Utah Law
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Does it matter if a gun is real or just a fake? In Utah it doesn’t matter whether the weapon can truly inflict damage or not, as long as the victim reasonably believes the weapon is dangerous and is likely to cause death or serious bodily injury or the perpetrator tells the victim verbally or in any other way that he is in control of such a weapon. A dangerous weapon is:

     (a) any item capable of causing death or serious bodily injury; or

     (b) a facsimile or representation of the item.

Photo: marfis75

A dangerous weapon charge can result from the use of a toy gun in a crime as Chad Stewart found out. Two days ago, a man by the name of Chad Stewart was arrested in Morgan, Utah after allegedly using a gun and carjacking a BMW M5 while on a test-drive with a car dealer from Exclusive Cars of Salt Lake City. While driving through Parley’s Canyon, Mr. Stewart allegedly pointed the gun at the car dealer, told him to get out of the vehicle and then drove off. After his arrest, Mr. Stewart told detectives the gun was just a prop and was only loaded with blanks.

The lesson you can learn from Mr. Stewart’s experience is to only use your prop gun if you’re in a circus. Remember that a toy gun isn’t considered a toy in the commission of a crime. If you point a gun at someone, the odds are good they’ll think you might fire it at them. If you’ve forgotten this important message, don’t hesitate to call an experienced criminal attorney. You need someone who can explain your particular circumstances and represent you well in your time of need.

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Posted in Crimes, Utah Law | 1 Comment »

Discharging a Firearm in Utah

Apr
13
Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Utah Crime News, Utah Law
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Utah is a gun-friendly state and has relatively relaxed laws when it comes to firearms, however, the Wild West is long gone, and discharging your gun from a horse or other vehicle of travel is strictly prohibited and enforced and can result in being charged with a class B misdemeanor.

Photo: Mia Geller

Nick Burgess of Ivins, Utah was arrested for allegedly discharging a firearm from a vehicle.  It appears that Nick was simply having a good ol’ time smoking a little weed and playing cops and robbers while shooting his pistol wildly into the air, that is until the real cops showed up.  After evading police for a short distance, Wild Nick surrendered his trusty revolver and was taken into custody.

You can equally be charged with a class B misdemeanor for firing a weapon from, upon or across any highway, within State parks, designated camp or picnic areas, overlooks, golf courses, boat ramps or developed beaches.  You may also not discharge your firearm within 600 feet of a house, dwelling or any other building unless you have permission from the property owner.  Lastly, you can be charged with a third-degree felony if, for the purposes of intimidation or harassment, you fire your gun in the direction of any person, building or vehicle.

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Posted in Crimes, Utah Crime News, Utah Law | No Comments »