Squatter Charged with Aggravated Assault for Chasing Homeowner with Machete

A squatter has been charged with numerous offenses including aggravated assault for chasing the homeowner away with a machete.

Surprised homeowner

Photo by: Marcelo Braga

Photo by: Marcelo Braga

A Kearns Utah family came home to an unwanted holiday surprise when they returned to inspect the damage of their home after it suffered a terrible fire earlier in December. The homeowner noticed a car in the driveway and once inside, called out to the uninvited guest. They then observed the man leave the house and decided to follow him outside. It was there that the squatter, 25 year old Scott Thomson appeared with a machete threatening the homeowner with bodily harm.

Aggravated Assault

Although Thomson didn’t actually hurt the homeowner, the fact that he threatened them with harm is what brought the assault charges. Utah code 76-5-102 states that even attempting to do someone harm is considered assault. Adding what code 76-5-703 states is a “deadly weapon” raised that offense to aggravated assault. Threatening to do harm without causing bodily injury is assault, a class B misdemeanor. Making that same threat while holding a machete is aggravated assault, a 3rd degree felony. Charges of course increase if there is essentially harm done to the victim.

Aggressive, high, or scared?

It is unknown what Thomson’s state of mind was when he chased the homeowner away with a machete. There were drugs found at the scene and it is entirely plausible that he was under the influence of narcotics. Whether he acted out of aggression toward someone crashing his solo house party of out of fear of being caught didn’t matter to the responding officers. Once he advanced toward the homeowner while holding the machete he was facing aggravated assault charges. Acting unwisely in the heat of the moment is a precursor to many charges, including assault and aggravated assault. Requesting the aid of a criminal defense attorney will help bring all the surrounding factors into consideration before the judge decides on sentencing and punishment.

Shoplifting for the Holidays

With little to no cash to spend for the holidays, many consumers resort to shoplifting for the things they want.

Shoplifting team effort

Photo by: Robert Sheie

Photo by: Robert Sheie

A St. George Utah couple was arrested earlier this month after they attempted to flee Christensen’s clothing store with over $500 worth of jeans. After pushing their way past the store owner, both individuals are facing charges for assault and theft. While many cases of shoplifting are due to something wanted such as multiple pairs of jeans, occasionally people are caught shoplifting for items truly needed.

Stealing the necessities

Photo: Gabriela Pinto

Photo: Gabriela Pinto

An Orem Utah mom was apprehended for shoplifting when officers discovered she was stealing groceries for her children whom she was the sole provider for. Instead of charging the single mom for shoplifting, Orem police officers saw a family in need and helped the mother and children with food and gifts just in time for the holidays. While the single mother is not facing charges currently, the store from which she stole still has the option to press civil charges. Hopefully they will show her the same kindness the officers did.

Larceny

Photo by: Mike Mozart

Photo by: Mike Mozart

Shoplifting is defined as a type of larceny from a store or place of business. Shoplifting is rarely excused such as it was for the single Orem Utah mother. The majority of people facing shoplifting charges end up in court. Depending on the amount and the type of the items stolen, shoplifting charges can range from a class B misdemeanor for items totaled under $500 to a second degree felony if the shoplifted item was a firearm. For help in dealing with shoplifting or another type of theft charge, contact a criminal defense attorney.

Theft by Deception

Numerous individuals are skilled enough with their words to make others believe anything they say; however if they use this skill of trickery and lies to cheat another person, they could face charges of theft by deception.

Theft by deception

Photo by: David Goehring

Photo by: David Goehring

According to Utah Code 76-6-405 : “A person commits theft [by deception] if the person obtains or exercises control over the property of another person: by deception; and with a purpose to deprive the other person of the property.” Theft by deception only applies if the item has “pecuniary [monetary] significance.”

Semi honest ads

From a business’ point of view, theft by deception may appear legal seeing how the victim willingly hands over their money for an item or service. Most sales promotions, ads, and commercials made by businesses have exaggerated deals, which are usually excused as “puffing” or overstatements that wouldn’t fool the common Joe. However going overboard and outright lying about conditions or products may bring charges of theft by deception.

Taking advantage of gullible people

Theft by deception can be as simple as getting someone to believe that they have to give up an item or money. There are many people out there that will take another person on their word. Taking advantage of these overly trusting individuals and tricking them out of a belonging or funds is against the law. Utah Code 76-6-404 states, “A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.” When someone is tricked out of an item or funds, the party who made a fool of the victim was intentionally trying to “deprive him”, and therefore by law- committed theft.

Resist deceiving others

Theft by deception can carry different fines and penalties. The charges depend on the item involved, the amount (or worth), and whether or not this is a subsequent offense. With all these factors to consider, theft by deception could range from a class B misdemeanor to a 2nd degree felony. Any persons facing charges of theft by deception are encouraged to speak with a criminal defense attorney immediately.