There are times when deadly force is justified and times when the use of force only is appropriate. The difference between the two is that deadly force is when someone is likely to be seriously injured or killed.

Use of Force or Deadly Force

• Any person is justified in using any force except deadly force when making an arrest or to defend himself or another person while making an arrest.
• A person can use force when he reasonably believes it’s necessary to prevent or stop someone’s unlawful attempt to enter or attack his residence.
• However, he can only use deadly force if the entry is made or attempted in a violent and tumultuous manner, surreptitiously or by stealth for the purpose of assaulting or causing personal violence upon a person in the residence, the dwelling or a being in the residence; or
• If the person reasonably believes that the attacker is trying to enter for the purpose of committing a felony.

Force Concerning Protection of Property

Photo: Elvert Barnes

People are entitled to use force, but not deadly force, when they reasonably believe they need to use force to stop or prevent a person from criminally interfering with their real or personal property when the property is:

• Lawfully in their possession
• Lawfully in the possession of a member of their immediate family or
• When they have a legal duty to protect the property for another individual.

If you do use force to defend property as stated, there are some considerations that will be taken into account:

• The extent of damage to the property
• Property damage previously caused by the other person
• Threats of personal injury or damage to property that the other person has made and
• Any patterns of abuse or violence between the individuals involved.

If there comes a time when force is necessary, hopefully the police are just a phone call away. After all, they’re specifically trained to handle violent situations.

Don’t hesitate to contact a Utah criminal defense attorney if you have additional questions about use of force or deadly force. If you’ve been accused of any crime, regardless of the charges, you need and deserve representation.