Attempted murder is one of the most serious charges in Utah’s criminal justice system, carrying severe penalties that can effectively change your life forever. The process surrounding these cases is complex, involving careful consideration of the actions, intent, and circumstances of the alleged crime.
These cases are often challenging because of the situations in which they arise. It can sometimes be difficult to tell between what is a violent overreaction and a genuine attempt to kill someone. That is why you need a defense attorney who thoroughly understands the nature of these cases. Our team can help you gather evidence to undermine the state’s arguments that you intended to kill the other person in the altercation. Even if the situation seems clear, our defense attorneys can negotiate with the prosecution to possibly have your charges or sentence reduced. Facing these charges without the help of our attorneys could result in much more significant penalties.
Call Overson Law, PLLC at (801) 758-2287 for a free case evaluation with our Salt Lake City murder defense lawyers.
How is Attempted Murder Punished in Utah?
Attempted murder in Utah is considered a serious offense, reflecting the state’s commitment to protecting the lives and safety of its citizens. This crime involves taking deliberate actions with the intent to cause the death of another person, albeit unsuccessfully. Fortunately, our Salt Lake City manslaughter defense attorneys can help build the defense you deserve. The following framework is designed to penalize not just the successful commission of such heinous acts but also the intention and steps taken toward committing them:
How Attempted Murder is Defined
In Utah, the criminal offense of attempted murder is considered to be a first-degree felony, which is the most serious category of offense. This classification is based on the severity of the crime and the potential consequences of the actions taken by the offender.
According to Utah Code § 76-4-101, an individual is considered to have committed an attempt when they engage in conduct that constitutes a substantial step toward committing the crime of murder.
Murder is defined as intentionally or knowingly causing the death of another person or acting with the intent to cause lethal harm under circumstances that demonstrate a depraved indifference to human life. This means that an attempted murder charge can be brought against someone who takes a significant step toward causing a person’s death or causing them serious bodily harm, even if they do not ultimately succeed in carrying out their plan.
The severity of the penalties associated with attempted murder reflects the seriousness of the offense. Those found guilty of this crime can face long prison sentences, hefty fines, and a host of other legal consequences. It is important to note that the specifics of the penalties can vary depending on the circumstances of the attempted murder and the defendant’s criminal history.
The Punishment for Attempted Murder
In Utah, attempting to commit murder is considered an extremely serious offense and is punishable as a first-degree felony. Those found guilty of this crime might face severe penalties, which can include a lengthy prison sentence. According to Utah Code § 76-3-203, the sentencing for a first-degree felony in Utah can range from a minimum of five years to a maximum of life in prison.
However, the exact sentence within this range is determined by various factors, such as the circumstances of the crime, the defendant’s criminal history, and any aggravating or mitigating factors present in the case. Therefore, the judge has the discretion to impose a sentence that is appropriate and just in light of the specific facts and circumstances of the case.
It is also worth mentioning that Utah law provides for the possibility of parole, which allows a person to be released from prison before completing their full sentence, subject to certain conditions and restrictions.
Aggravating Factors in Attempted Murder Cases
A charge of attempted murder can carry different degrees of severity depending on certain aggravating factors. These factors might include the use of a deadly weapon, the vulnerability of the victim, and the presence of hate crime elements. Using a deadly weapon, such as a gun or a knife, can significantly increase the seriousness of the charge and potentially lead to harsher penalties.
Similarly, if the victim is particularly vulnerable, such as being elderly or having a physical disability, the court might consider this as an aggravating factor and impose a more severe sentence.
Additionally, if the attempted murder was motivated by hate, such as a bias against a particular race, religion, or sexual orientation, this can also be considered an aggravating factor and result in a more severe sentence. When these aggravating factors are present, the court has the discretion to impose harsher penalties, which can potentially lead to longer prison terms within the statutory range.
What Defenses Can Be Used Against Attempted Murder Charges in Utah?
Defending against attempted murder charges in Utah involves navigating complex legal territories. The specifics of the case deeply influence the applicability and effectiveness of potential defenses. Each of these defenses presents its own set of challenges and requires a nuanced understanding of both the law and the particulars of the accused’s situation:
Lack of Intent
One of the most critical elements of attempted murder is the intent to kill. A defense strategy might revolve around proving the absence of this specific intent. For instance, if the accused can demonstrate that their actions were reckless or negligent without the intention to kill, this could potentially negate the charge of attempted murder, possibly leading to lesser charges.
Mistake of Fact
A mistake of fact occurs when a person has a misunderstanding about a fact that is material to the crime. In the context of attempted murder, if the defendant can prove that they were operating under a mistaken belief that negated the intent to commit murder, this defense could be applicable.
Self-Defense or Defense of Others
Self-defense or defense of others is a common and often potent defense in cases of attempted murder. Under Utah law, individuals are permitted to use reasonable force to protect themselves or others from imminent harm. If the defendant can demonstrate that their actions were in response to a legitimate threat of death or serious bodily injury, this defense can be compelling.
Insanity
The insanity defense is complex and relies on proving that the defendant was incapable of understanding the nature of their actions or distinguishing right from wrong because of severe mental disease or defect at the time of the offense.
Duress
Duress involves committing a crime because of coercion or a threat of immediate harm to oneself or another. For duress to be a viable defense against attempted murder charges, the defendant must show that they were compelled to act under fear of death or serious bodily injury. This defense acknowledges that the defendant’s actions were not wholly voluntary.
Our Utah Attempted Murder Defense Attorneys Can Help You Defend Against These Life-Altering Charges
For a free case review, contact our West Valley City attempted murder defense attorneys at Overson Law, PLLC by calling (801) 758-2287.
Shoplifting is stealing, but does that mean shoplifting is theft, legally speaking? How does Utah treat shoplifting charges in comparison to how it treats theft charges? Are there any notable differences defendants should know about?
Shoplifting is treated like theft in Utah because it is classified as a type of theft, retail theft. Various acts constitute retail theft, such as intentionally stealing an item from a store or changing its price tag to get it at a reduced cost. Charges for retail theft depend on the sum of the stolen merchandise. Even misdemeanor charges related to retail theft could result in jail time and fines for defendants in Utah. Furthermore, many shoplifting perpetrators are minors or young adults, making the impact of these charges all the more serious. If you were convicted of charges related to shoplifting in your youth, our lawyers may be able to get your criminal record expunged so that it does not impact your life as an adult.
To get a free and confidential assessment of your case from our Salt Lake City theft defense lawyers, you can call Overson Law, PLLC now at (801) 758-2287.
Does Utah Treat Shoplifting as Theft?
Shoplifting might not have as serious of a connotation as theft, but it should. Shoplifting is a type of theft in Utah. If arrested for shoplifting, you might face serious charges with equally serious consequences.
In Utah, shoplifting is categorized as retail theft. Under Utah Code § 76-6-602(2), someone commits retail theft if they knowingly take merchandise from a store without paying for it. Intentionally changing price tags so that you underpay for an item is also considered retail theft. Various other acts also constitute retail theft in Utah.
The severity of the charge will depend on the value of the stolen merchandise. In Utah, shoplifting between $500 and $1,500 is a class A misdemeanor. Shoplifting between $1,500 and $5,000 is a third degree felony, and shoplifting more than $5,000 is a second degree felony. Shoplifting less than $500 is a class B misdemeanor.
Other factors might dictate the level of charge for shoplifting, like a defendant’s criminal history and the stolen merchandise in question. For example, suppose someone stole from a store in the past and was convicted of charges related to retail theft. Then, suppose they stole from the same store again. Under Utah Code § 76-6-602(3)(b)(iv), they would be charged with a third degree felony, even if they recently stole between $500 and $1,500 worth of merchandise.
One of the biggest differences between Utah’s definitions of theft and retail theft is the victims. For example, under Utah Code § 76-6-604(2), a person commits theft if they take or exercise unauthorized control over someone else’s property to deprive them of it. Utah uses similar guidelines to determine the level of theft charges when assessing shoplifting charges.
Examples of Retail Theft in Utah
Acts other than removing merchandise from a store without paying for it are still considered retail theft in Utah and can still lead to criminal charges.
Changing price tags on an item and then attempting to purchase that item at a reduced price is retail theft under Utah Code § 76-6-602(2)(b), as is intentionally hiding one object within another to get it at a reduced price. Getting a cashier to under-ring an item, or ring it up at a lesser price than what it is valued at, is also retail theft in Utah. Furthermore, taking a shopping cart from a store or establishment is also retail theft.
That is to say, retail theft has broad definitions that might enable prosecutors to bring more serious charges against defendants than they might have anticipated. Furthermore, prosecutors might be able to bring enhanced charges against defendants if they have histories of shoplifting.
Utah’s Sentencing Guidelines for Shoplifting and Theft Convictions
If convicted of charges related to retail theft, you could face time in jail. Preventing this however possible is important, especially because of how a criminal conviction could impact your future.
If convicted of a third degree felony for shoplifting, you could face up to five years in prison and $5,000 in fines. For second degree felony convictions, defendants might face between one and 15 years in prison.
Class A and B misdemeanor convictions for retail theft can result in jail time and fines. Depending on your case, our Salt Lake City criminal defense lawyers might be able to convince the prosecution to reduce the charges against you so that your primary consequence is a fine, not prison time.
Can You Expunge Shoplifting and Theft Convictions in Utah?
A shoplifting charge from your youth could hurt your chances of finding employment in the future. Fortunately, Utah lets many people with criminal records wipe the slate clean via expungement.
Whether or not you can expunge shoplifting convictions from your criminal record will depend on several factors, such as when you were convicted. For class B misdemeanors, you have to wait four years to file for expungement. For class A misdemeanors, you have to wait five years. And, for expungable felonies, you have to wait seven years.
Other factors, like your number of convictions and age at the time of arrest, might impact your expungement eligibility. For example, if you were arrested for and convicted of shoplifting charges as a minor, you might be able to file for expungement if you are now an adult and meet the other criteria.
When you successfully expunge shoplifting convictions or other theft convictions from your criminal record in Utah, future employers or other interested parties will not be able to see that information.
Call Our Lawyers in Utah to Get Help with Your Defense
To get a free and confidential assessment of your case from our Ogden theft defense lawyers, call Overson Law, PLLC now at (801) 758-2287.
The term “assault and battery” is often used as a catch-all to describe violently beating someone up. People often use “assault and battery” in a criminal context, but not many people know that “assault” and “battery” encompass both criminal conduct and civil liability. Let it be made clear, though, that all varieties of assault are serious crimes, and an accusation of any of them should not be taken lightly.
Assault charges in Utah run a wide range of crimes with a wide range of penalties. Some are misdemeanors, while others are felonies. Moreover, there are certain circumstances, such as using a weapon, that can turn a crime like simple assault into something more serious, like aggravated assault. Battery, on the other hand, is a “tort,” or wrongdoing that you can be accused of in civil court. It is entirely possible that you could be accused of assault in criminal court and then also face a battery accusation in a civil case. Additionally, there is a separate tort of assault that you can also be sued for in civil court alongside battery.
To get a free, 100% confidential review of the charges against you, call Overson Law’s Salt Lake City assault defense lawyers at (801) 758-2287.
Civil Assault and Battery vs Criminal Assault in Utah
Not only is assault a crime, but it can also be a civil claim against you. Moreover, “battery” is an intentional tort – or wrongdoing – where someone engages in harmful or offensive touching that the victim did not consent to. Battery is also a tort that you can be accused of in a civil case. In a civil context, “assault” is threatening someone with bodily injury and making them fear that such injury is going to happen shortly.
Civil trials take a secondary priority to criminal proceedings, so any criminal trial involving assault will happen before a civil trial for assault, battery, or both. Being found guilty of assault in a criminal case can cause serious issues for a civil case, as the conviction for the relevant crime can be used as evidence. Accordingly, it is crucial to use our assault defense attorneys on your side to fight these charges.
Assault Crimes in Utah
Utah Code § 76-5-102 denotes all of the assault-related offenses in Utah. There are a number of different assault-based crimes you can be charged with, so it is important that our Salt Lake City criminal defense lawyers break down exactly what constitutes each crime listed under this statute.
Assault
The crime of assault in Utah is defined as attempting or succeeding in causing bodily injury to another person through unlawful force or violence. Simple assault is classified as a Class B misdemeanor in Utah, which carries with it a potential sentence of a prison term of up to six months and fines pursuant to Utah Code § 76-3-204(2). This can be increased to a class A misdemeanor if, pursuant to Utah Code § 76-5-204(3)(b), the perpetrator causes serious bodily injury or injures someone who is pregnant. Class A misdemeanors, per Utah Code § 76-3-204(1), have prison sentences that cannot exceed 364 days, as well as fines. The term “serious bodily injury” is itself defined in Utah Code § 76-1-101.5(17) as any injury likely to cause disfigurement, death, or prolonged loss of function in a body part. For example, beating someone senseless to the point that they are paralyzed would be considered to have caused serious bodily injury.
Conduct that you would more or less expect to constitute assault is, in fact, assault. For example, punching someone in the face is assault in Utah, and you can go to prison for it.
Aggravated Assault
Utah also has a crime called aggravated assault that can be found under Utah Code § 76-5-103(2). In Utah, aggravated assault is when a perpetrator attempts, threatens, or accomplishes causing bodily injury to someone else with the use of a “dangerous” weapon, through strangulation, or other ways that have a good chance of causing death or serious bodily injury.
Utah Code § 76-1-101.5(7) defines dangerous weapons as “any” item that can cause death or serious injury. This includes a wide variety of things, but generally, it includes firearms, knives, and heavy objects. You should speak with our Lehi, UT criminal defense lawyers if you are concerned about being charged with aggravated assault using a dangerous weapon.
Aggravated assault is a third-degree felony which, under Utah Code § 76-3-203(3), carries with it a sentence of not more than five years, plus fines. Aggravated assault can be upgraded to a second-degree felony if the assault results in loss of consciousness or serious bodily injury, and it can be upgraded to a first-degree felony if the assault is against a law enforcement officer and causes serious bodily injury. Second and first-degree felonies have serious penalties, such as prison sentences not exceeding 15 years or, in the case of first-degree felonies, life in prison per Utah Code § 76-3-203(2) and § 76-3-203(1), respectively. Moreover, felony convictions can have long-lasting life consequences, such as losing your right to own firearms and difficulty finding housing, taking out loans, or finding employment.
Sexual Battery in Utah
There is no crime for generic “battery” in the Utah Code. However, there is the crime of sexual battery, which is detailed in Utah Code § 76-9-702.1(1). The crime consists of carrying out one of many sex offenses detailed in the Utah Code which include rape, incest, aggravated sexual assault, and intentionally touching someone’s buttocks, anus, genitals, or female-presenting breasts, while knowing that doing so is likely to cause harm to that person.
Sexual battery is a very serious crime. It is a Class A misdemeanor carrying with it a penalty of up to 364 days as well as fines. Additionally, depending on the offense, you may have to register in a sex offender’s registry for a period of time or indefinitely.
Speak to Our Utah Criminal Defense Lawyers Right Away
Overson Law’s Bountiful, UT assault defense lawyers can give you a free, confidential review of your case at any time when you call (801) 758-2287.
Some people might not realize that you can be punished for a crime even if you did not commit it. Utah recognizes that attempting a crime is just as punishable as the act itself.
If you have been charged with attempt of a crime, our firm can help you understand the law underlying your charges and the potential penalties you might face. However, we can also advise on the best defenses to use in your case. Attempt cases can be difficult for the state to prove as it requires showing that you acted in some way that went to achieving the crime. Our team knows that many innocent situations can be used against you in these cases. That is why you want a defense firm that knows how to protect your rights.
For a free case review with our Salt Lake City criminal defense attorneys, contact Overson Law, PLLC by calling us at (801) 758-2287.
What is Utah’s Criminal Attempt Statute
Under Utah Code § 76-4-101, a person can be charged with an attempt to commit a crime if they engage in an act that constitutes a substantial step toward committing a crime while having the underlying intent to commit the offense. It is not only about what the accused intended but also about how far they went in their efforts to achieve that intent.
The classification of attempt offenses under Utah Code § 76-4-102 mirrors the severity of the intended crime but is one degree lower than the offense that was attempted. For instance, if someone tries to commit a second-degree felony, the attempt is classified as a third-degree felony. This structure reflects a delicate balance between recognizing the potential harm of the intended crime and acknowledging the fact that the crime was not completed.
However, because these cases rely on proving what was in the defendant’s mind, our Park City criminal defense attorneys can usually use several tactics to fight the charges. Here, the prosecution must prove beyond a reasonable doubt that you took a substantial step toward committing the crime.
What Are the Potential Penalties for Criminal Attempt in Utah?
The penalties levied for criminal attempt vary depending on the classification of the attempted crime. Keep in mind that these penalties can be enforced even if the attempt is not successful. In Utah, a conviction for the attempted crime will be one degree lower than the crime itself.
For instance, if the attempted crime is classified as a first-degree felony, the attempt will be charged as a second-degree felony. Still, the penalties can be severe, including imprisonment for a term of one to 15 years, with fines up to $10,000. This also applies to attempts to commit capital felonies or felonies punishable by life without parole, which are punishable by five years to life in prison and $10,000 in fines.
For crimes classified as second-degree felonies, attempts will be charged as third-degree felonies. Penalties include imprisonment for up to 5 years and fines of up to $5,000.
Lower degrees of attempted crimes, such as third and fourth-degree felonies and misdemeanors, carry correspondingly lesser penalties. The charges are also one step lower, like those above. A third degree felony is charged a class A misdemeanor and a fourth-degree felonies are charged as class B misdemeanor, and so on. Jail time, fines or both might be potential outcomes, depending on the specific nature of the crime and its classification.
What Acts Could Be Considered a Substantial Step Toward Committing a Crime in Utah?
The determination of what constitutes a “substantial step” toward committing a crime is a nuanced and complex process. It typically requires circumstantial evidence that could look innocent enough without the context of additional evidence. However, certain acts are sure to catch the attention of Utah law enforcement.
Acquiring or Gathering Tools or Materials
Engaging in activities such as obtaining, assembling, or preparing the tools, weapons, or materials that are essential to commit a crime can be considered a substantial step towards the commission of the crime. For example, purchasing a firearm with the intention of using it for a robbery or gathering the necessary materials for the manufacture of illegal drugs can be classified as a substantial step towards the commission of the related crime.
Surveillance and Reconnaissance
Conducting surveillance or collecting information about a potential target can also be considered a substantial step in the planning of a criminal act. This could include activities such as staking out a bank prior to a planned robbery or following a potential victim in preparation for an assault. Prosecutors will argue that such actions clearly indicate a clear intention to commit a crime and can lead to serious legal consequences.
Creating Plans or Diagrams
When a person engages in detailed planning or creates diagrams that outline how a crime will be committed, it can be perceived as a significant and concrete step towards its execution. This is especially true when such actions are accompanied by other preparatory measures, such as acquiring the necessary tools or scouting the location. In the eyes of most judges and jurors, such behaviors constitute a substantial step toward criminal activity.
Soliciting Participation or Assistance
When someone actively seeks the involvement of others in a criminal activity, it can show that they have gone beyond mere preparation and are taking steps to carry out the crime. This can involve solicitation, hiring, or coercion of others to participate in the crime through either persuasion or violence.
However, simply soliciting others without taking any further action might not always meet the threshold for a substantial step towards committing the crime. However, if the other party agrees to the crime, you may have committed the crime of conspiracy, a charge of its own. In many cases, though, additional actions must be established to show that the individual is actively working towards committing the crime besides just the agreement. Past conversations between two parties in a criminal trial rarely prove to be the most reliable evidence.
Taking Actions that Initiate the Crime
The commission of an act that initiates the execution of a crime, even if the intended outcome is not accomplished, is still regarded as a substantial step towards the criminal act. For instance, smashing a vehicle’s window with the intention of stealing it or aiming a gun at a person with the intent to rob them would be considered substantial steps toward the commission of the respective crimes.
How Do You Defend Against Attempt Charges in Utah?
Defending against attempt charges usually involves employing several strategies, depending on the specifics of the case.
For instance, demonstrating that the defendant did not have the specific intent to commit the crime can be a powerful defense. Since intent is a crucial element of an attempt charge, proving its absence can undermine the prosecution’s entire case.
Under certain circumstances, if you can show that you voluntarily and completely abandoned your criminal effort or plan before taking a substantial step, this can serve as a defense to the charge of an attempt.
Our Utah Criminal Defense Attorneys Know What it Takes to Fight Your Attempt Charges
Call Overson Law, PLLC at (801) 758-2287 for a free case evaluation with our Bountiful, UT criminal defense lawyers.
In Utah, the scheduling of controlled substances is regulated through a multifaceted approach, taking into account not only the need to limit abuse and addiction but also the need to ensure that essential medications remain accessible to those who need them most.
However, Utah also takes a harsh stance on drug-related offenses, with strict penalties in place for individuals who are found guilty of possession, distribution, or trafficking of these scheduled substances. Given the severity of these consequences, it is crucial to understand how the state views and categorizes drugs. Some people have a valid reason for possessing the drugs they have, as many of us have prescription medications. Still, the complexity of the scheduling system means many substances are off-limits. Our team can help build a robust defense if you are facing criminal charges.
Call Overson Law, PLLC at (801) 758-2287 for a free evaluation of your case with our Utah criminal defense lawyers.
Understanding Utah’s Guide to Drug Schedules
The classification system in Utah regulates access, prescribing practices, and legal enforcement for controlled substances. These schedules are based on their potential for abuse, dependence, and medical utility. However, drug schedules can be confusing as there is some overlap. Because the consequences can be severe depending on how the substance is scheduled, you will want a Layton criminal defense attorney who can assess your case accurately. The following guide will help you understand what drugs are considered dangerous in Utah and how they are regulated:
Schedule I: High Abuse Potential with No Accepted Medical Use
Schedule I substances are characterized by a high potential for abuse and the absence of any currently accepted medical use in the United States, according to Utah Code § 58-37-4(2)(a). This category includes drugs that are often associated with recreational use and carry significant risks of addiction and harm. Examples of Schedule I drugs, as noted by the DEA, include heroin, LSD, marijuana (despite its legal status for medicinal or recreational use in some states), and ecstasy (MDMA).
The strict classification of these substances underscores a rigorous stance against drugs deemed to have no safe, supervised role in medical treatment. The legal ramifications for handling Schedule I drugs are typically severe, reflecting the government’s intent to curb their distribution and consumption.
Schedule II: High Abuse Potential with Severe Dependence Risk
According to Utah Code § 58-37-4(2)(b), Schedule II drugs possess a high potential for abuse, which might lead to severe psychological or physical dependence. However, unlike Schedule I drugs, those classified under Schedule II have recognized medical uses. This category encompasses a wide range of substances, including opioids like morphine, oxycodone, and fentanyl, stimulants such as cocaine and methamphetamine, and other drugs like Adderall and Ritalin, which are commonly prescribed for ADHD.
Despite their medical applications, the handling and prescribing of Schedule II substances are heavily regulated. Practitioners must adhere to stringent guidelines to minimize the risk of abuse and dependency among patients, reflecting the delicate balance between their therapeutic benefit and potential harm.
Schedule III: Moderate to Low Potential for Abuse and Dependence
Under Utah Code § 58-37-4(2)(c), Schedule III substances are deemed to have a lower potential for abuse compared to Schedule I and II drugs, with abuse of these drugs potentially leading to moderate or low physical dependence or high psychological dependence. This category includes drugs with accepted medical uses, such as certain anabolic steroids, testosterone, ketamine, and some preparations containing codeine.
The regulation of Schedule III drugs allows for more flexibility in prescribing practices compared to Schedule II substances yet still maintains controls to deter misuse. This categorization acknowledges the need for these medications in specific medical contexts while maintaining safeguards against abuse. However, serious consequences could follow if found in possession of these substances without a prescription.
Schedule IV: Low Potential for Abuse and Dependence
Drugs classified under Schedule IV are considered to have a low potential for abuse relative to substances in Schedule III. They are associated with limited physical or psychological dependence risks, per Utah Code § 58-37-4(2)(d). This schedule includes a variety of medications commonly prescribed for anxiety, insomnia, and pain management, such as benzodiazepines (e.g., Xanax, Valium), sleep aids (e.g., Ambien), and tramadol.
The classification of these drugs reflects a recognition of their importance in treating numerous conditions while also acknowledging the necessity of oversight to prevent abuse and dependency.
Schedule V: Lower Potential for Abuse than Schedule IV
Under Utah Code § 58-37-4(2)(e), Schedule V drugs are characterized by a lower potential for abuse than Schedule IV substances and consist of preparations containing limited quantities of certain narcotics. These are generally used for antidiarrheal, antitussive, and analgesic purposes. Examples include cough preparations with less than 200 milligrams of codeine per 100 milliliters or per 100 grams (Robitussin AC, Phenergan with Codeine) and certain anticonvulsants and sedatives.
The placement of drugs in Schedule V signifies the lowest tier of control, indicates Utah’s recognition of their necessity for specific medical conditions, and the minimal risk they pose in terms of dependency and abuse.
Potential Consequences for Possession or Distribution of a Controlled Substance in Utah
Utah takes the regulation of controlled substances seriously, with penalties designed to deter the possession, distribution, and trafficking of the drugs described above. The potential consequences for violating these laws can be severe, impacting not only the individual’s freedom but also their future opportunities.
Possession of Controlled Substances
The severity of the penalties for possession depends on several factors, including the type and amount of the substance, the individual’s criminal history, and how it is scheduled under Utah’s laws.
For Schedule I and II substances, the consequences are particularly stringent. First-time offenders can face charges ranging from class B misdemeanors for trace amounts to second-degree felonies for larger quantities. Penalties can include significant fines, compulsory participation in drug treatment programs, and imprisonment.
Possession of substances classified under Schedules III, IV, and V might result in less severe penalties. However, even in these cases, individuals can face charges, with consequences that can include jail time, fines, and mandatory drug education or rehabilitation programs.
Distribution of Controlled Substances
The distribution and trafficking of controlled substances carry even harsher penalties than possession, reflecting the greater societal harm attributed to these activities. The distinction between distribution and trafficking often hinges on the quantity of the substance involved, with larger amounts typically leading to more serious trafficking charges.
Individuals convicted of distributing controlled substances often face very severe penalties, including lengthy prison sentences. For example, distributing a Schedule I or II drug can result in a second-degree felony charge for a first offense, escalating to a first-degree felony for subsequent offenses or if the distribution occurs in specific areas, such as near schools or parks.
Convictions for trafficking can lead to decades in prison, substantial fines, and, in some cases, life sentences, particularly when the trafficking involves significant amounts of Schedule I or II drugs or results in death or serious injury.
Our Utah Criminal Defense Attorneys Can Help Your Case
For a free case review, contact our Lehi, UT criminal defense attorneys at Overson Law, PLLC by calling us at (801) 758-2287.
Fentanyl use has become a serious epidemic that has hit the country hard, with few places as affected as Utah. For this reason, Utah’s penalties for fentanyl possession are often severe.
In an effort to curb the many deaths associated with fentanyl, the penalties many individuals have faced for possession have altered their lives considerably. To have the best chance of avoiding the worst penalties, we recommend reaching out to our team immediately. The state has begun to understand the substance abuse challenges many defendants face and now has programs that can serve as an alternative to prison. Our attorneys can gather evidence in your case and help determine if these programs would work. If that is not an option, we can try to negotiate your charges down to a lesser degree.
For a free case review, contact our Salt Lake City drug defense attorneys at Overson Law, PLLC by calling (801) 758-2287.
What Are the Penalties for First-Degree Fentanyl Possession in Utah?
In recent years, the opioid crisis has escalated into a national emergency, with fentanyl, a potent synthetic opioid, at the forefront of concern because of its extreme potency and high potential for addiction and overdose. Utah, like many other states, has responded to this crisis by enacting stringent laws to curb the possession, distribution, and trafficking of fentanyl that can seriously impact your life. Our West Valley City drug defense attorneys are here to help defend these charges and fight the maximum sentence. However, the courts are taking fentanyl possession very seriously.
According to Utah Code § 58-37-4(2)(b), fentanyl is classified under Utah’s Controlled Substances Act as a Schedule II drug, indicating a high potential for abuse, with use potentially leading to severe psychological or physical dependence. This classification aligns with the drug’s medical use in pain management but also acknowledges its severe dangerousness when abused.
Possession of fentanyl can easily lead to severe penalties, particularly when the amount possessed indicates an intent to distribute. According to Utah Code § 58-37-8(1), a person convicted of possessing a significant quantity of fentanyl, enough to suggest distribution or trafficking, is guilty of a first-degree felony.
A conviction for a first-degree felony related to fentanyl possession carries a mandatory minimum sentence of not less than five years in prison. However, depending on the circumstances of the case, such as the quantity of fentanyl involved and any prior criminal history, the court might impose significantly longer sentences, including life imprisonment in extreme cases. This is one of the most severe punishments under Utah’s legal system for any drug offense, reflecting the state’s stringent stance on the opioid epidemic.
What Are the Penalties for Second-Degree Fentanyl Possession in Utah?
For second-degree fentanyl possession, the law typically addresses cases where the quantity possessed exceeds personal use thresholds, suggesting an intent to distribute. Being convicted for such an offense is punishable as a second-degree felony.
A second-degree felony in Utah still represents a serious criminal charge. Individuals convicted under this classification face substantial incarceration time alongside hefty fines. The Utah Courts website outlines that second-degree felonies can result in one to 15 years of imprisonment and up to $10,000 in fines, not including additional legal fees or court costs.
What Are the Penalties for Third-Degree Fentanyl Possession in Utah?
A third-degree felony charge for fentanyl possession, while not as severe as those above, still represents one of the more serious drug offense charges in Utah. Individuals convicted of a third-degree felony can still face significant penalties, including imprisonment and fines. Specifically, a third-degree felony can result in up to five years in prison and fines up to $5,000, not including surcharges and court costs.
Fortunately, Utah has begun to recognize the importance of addressing substance abuse issues underlying many drug offenses, especially fentanyl possession. Eligible individuals might have opportunities to participate in drug court programs or other alternative sentencing arrangements focused on rehabilitation. These programs aim to provide support and resources for overcoming addiction, potentially leading to reduced charges or alternative penalties that emphasize recovery and reintegration into society rather than continued punishment.
Can the Penalties for Fentanyl Possession Be Enhanced in Utah?
Several factors can lead to enhanced penalties for fentanyl possession in Utah, turning a grave situation into one with potentially more severe consequences. The following are common situations in which the court will likely enhance the penalties in the case:
A Higher Quantity is Possessed
The quantity of fentanyl in an individual’s possession at the time of arrest plays a significant role in determining the severity of penalties. Possession of amounts that exceed personal use thresholds can be indicative of intent to distribute, resulting in charges escalating from simple possession to possession with intent to distribute, a first-degree felony with significantly higher penalties.
Proximity to Restricted Areas
Penalties can also be enhanced if the offense occurs within proximity to restricted areas such as schools, parks, or churches. Utah law imposes stricter penalties for drug offenses committed within these zones to protect vulnerable populations from exposure to drug activities.
Prior Criminal History
An individual’s prior criminal history, particularly previous drug offenses, can influence the severity of penalties for fentanyl possession. Repeat offenders will likely face enhanced penalties, including longer prison terms and higher fines, as part of Utah’s efforts to deter recurrent drug-related criminal behavior.
Use of a Firearm During the Crime
The presence of firearms at the time of the offense can significantly enhance the penalties for fentanyl possession. Utah law recognizes the combination of drug offenses and firearms as an aggravating factor, reflecting the increased risk to public safety.
Distribution to Minors
If an individual is found distributing fentanyl to minors, the penalties can be substantially heightened. This enhancement reflects the state’s commitment to protecting minors from the dangers of drug abuse and exploitation.
Are There Alternatives to Punishment for Fentanyl Possession in Utah?
One of the most significant alternatives to traditional punishment in Utah is the drug court program. These courts have helped reduce recidivism and substance abuse among participating offenders by offering a blend of treatment and accountability measures that focus less on punishing the individual.
Participants in the drug court typically undergo comprehensive substance abuse treatment and regular drug testing and are subject to court supervision. However, successful completion of the program will help reduce your charges or even get them dismissed completely.
Another alternative for individuals charged with fentanyl possession is probation coupled with mandatory participation in a substance abuse treatment program. This option allows individuals to remain in their communities under strict supervision while they receive treatment for their substance use disorder.
Conditions of probation typically include regular meetings with a probation officer, drug testing, and adherence to the treatment program. However, failure to comply with these conditions can result in probation being revoked and the original sentence being ordered.
Our Fentanyl Possession Defense Attorneys Can Defend Your Case and Get the Help You Need
Call Overson Law, PLLC at (801) 758-2287 for a free case evaluation with our Park City drug defense lawyers.
Fewer punishments are harsher in Utah than those for heroin possession. These penalties can be even more severe if the state can show you had the intent to distribute the drug.
Because the penalties for heroin possession often include lengthy prison sentences, you should not hesitate to contact our defense team. At our firm, we take a proactive approach to defense, looking for alternative solutions that can help keep your freedom. Utah does now recognize that heroin possession and addiction are critically linked and offers programs to address the underlying problem rather than simply locking them in a cell. We can help determine if you qualify for these programs or develop a solid defense if your case does proceed to trial.
For a free case review, contact our Utah criminal defense attorneys at Overson Law, PLLC by calling (801) 758-2287.
What Penalties Could I Face for a Heroin Possession Conviction in Utah?
The life-altering penalties for heroin possession reflect the seriousness with which Utah treats this substance. Heroin is classified as a Schedule I drug in Utah because of its high potential for abuse and lack of accepted medical use in the United States. Even first-time offenses could be punished with imprisonment. However, our Salt Lake City drug defense attorneys can help you determine the best ways to avoid the harshest penalties. The following are the penalties for first-time and subsequent heroin possession offenses:
Penalties for First-Time Offenses
Possession of heroin is a serious offense and can lead to felony charges. The degree of felony charged depends on the quantity of the drug found in the person’s possession. According to Utah Code § 58-37-8(1), charges for heroin possession can range from a third-degree felony to a first-degree felony for larger quantities or if certain aggravating factors are present.
A conviction for a third-degree felony, which usually applies to smaller, personal-use amounts of heroin, can result in imprisonment for up to five years and a fine of up to $5,000.
Enhanced Penalties for Subsequent Offenses
Subsequent offenses for heroin possession carry enhanced penalties, reflecting the increased severity of repeat offenses. For individuals with prior drug convictions, the penalties become progressively harsher, potentially escalating to second-degree or even first-degree felony charges depending on the circumstances surrounding the possession, such as the quantity of heroin involved and any evidence of intent to distribute.
A second-degree felony charge for heroin possession can lead to imprisonment for up to 15 years and fines of up to $10,000. For first-degree felony convictions, the penalties can be world-shattering. As per Utah Code § 58-37-8(1)(d), first-degree heroin possession is punishable by 15 years to life in prison.
What Are the Penalties for Heroin Possession with a Firearm in Utah?
The penalties for heroin possession in Utah are already stringent, but the presence of a firearm during the offense introduces additional mandatory enhancements that significantly impact sentencing in the case. According to Utah Code § 58-37-8(1)(c), the court can sentence an individual to a term of one year to run consecutively with their original sentence for the mere presence of a firearm during the offense.
Moreover, the court has the discretion to impose an indeterminate term of up to five years. This sentence is also set to run consecutively, depending on the specifics of the case, such as whether the firearm was brandished or discharged.
Further, the introduction of a firearm into a drug offense can lead to mandatory minimum sentences under federal law. These sentences are designed to run consecutively, not concurrently, with any other sentences imposed for the underlying offense.
In practical terms, this means an individual could face a mandatory additional imprisonment for the firearm charge, separate from and in addition to the penalty for heroin possession. The defendant will also likely face prosecution from both the state and federal governments.
Are There Enhanced Penalties for Possession of Heroin in a Drug-Free Zone in Utah?
Drug-free zones in Utah aim to create a buffer around sensitive areas where children and the general public are present. As such, the penalties for heroin possession are significantly increased when they occur within these zones.
Utah Code § 58-37-8(4) details what constitutes a drug-free zone and specifies the additional penalties imposed for drug offenses committed within these areas. For example, offenses that might otherwise be classified as third or second-degree felonies can escalate to first-degree felonies, carrying with them the possibility of decades longer in prison, substantial fines, and a lasting criminal record.
What Does the State Need to Show to Prove the Intent to Distribute Heroin in Utah?
To convict an individual of possessing heroin with the intent to distribute, the state must demonstrate beyond a reasonable doubt that the accused not only possessed the drug but did so with the intention of distributing it to others. Proving intent to distribute typically involves a combination of direct and circumstantial evidence. Unlike simple possession, where the presence of the drug on a person or their property might suffice for a conviction, intent to distribute requires additional proof.
For instance, one of the primary indicators of intent to distribute is the amount of heroin found. Possession of quantities exceeding personal use levels can suggest distribution intentions. Further, the manner in which the heroin is packaged can also serve as evidence. Drugs divided into smaller, individually wrapped packages imply readiness for sale.
Also, evidence of paraphernalia can be used to bolster the above evidence. Items associated with drug distribution, such as scales, baggies, and large sums of cash, particularly in small denominations, can indicate an intent to distribute. Communications like text messages, emails, or recorded conversations discussing drug sales can directly link an individual to distribution activities.
Lastly, it is not uncommon in this day and age for law enforcement to use surveillance footage or witness testimony to establish an individual’s involvement in heroin distribution activities.
Can Utah’s Drug Courts Be Used as an Alternative to Punishment in Heroin Possession Cases?
For individuals charged with heroin possession, Utah’s drug courts can offer an alternative pathway that focuses on rehabilitation rather than punishment. In this situation, eligible participants agree to enter long-term drug treatment under court supervision, adhering to a rigorous program that includes regular court appearances, drug testing, and participation in treatment and recovery services.
This approach not only addresses the participant’s substance use disorder and the overall impact of the opioid epidemic in the state but also improves their overall well-being through education, employment assistance, and mental health support. In fact, successful completion of the program can lead to reduced charges or dismissal of charges, providing a clean slate and a second chance at life.
Our Heroin Possession Defense Attorneys Are Ready to Fight for Your Rights
Call Overson Law, PLLC at (801) 758-2287 for a free case evaluation with our North Salt Lake drug defense lawyers.
The penalties for cocaine possession in Utah can be life-shattering. The state takes the possession and distribution of the drug extremely seriously.
Even possessing small amounts of cocaine can result in stiff consequences. You could be looking at years in prison and the loss of thousands of dollars in fines and court costs. However, having a dedicated defense firm on your side could help mitigate the worst effects. In many cases, we can negotiate with the prosecution, offering them additional facts that provide context and could help secure an alternative solution. Depending on your circumstances, you might qualify for a rehabilitation program rather than facing punishment.
Reach out to our Salt Lake City drug possession defense lawyers at Overson Law, PLLC at (801) 758-2287 for a free case assessment today.
What Penalties Can I Be Subjected to for Cocaine Possession in Utah?
Utah classifies cocaine as a Schedule II drug. This means that it is one of the more regulated substances in Utah. The penalties for possession of cocaine are typically determined by several factors, including the quantity of cocaine, the offender’s criminal history, and whether the possession was with the intent to distribute. Our Ogden drug defense attorneys have years of experience defending these cases and can help you determine what to do next in yours. The following are escalating penalties for cocaine possession convictions:
First-Degree Felony Offenses
Under Utah Code § 58-37-8(1), individuals found in possession of cocaine under circumstances that suggest distribution or trafficking can face first-degree felony charges. According to Utah Code § 58-37-8(1)(d), a conviction under this subsection is notably severe, with penalties including imprisonment for a term of not less than five years but can be up to 15 years.
Second-Degree Felony Offenses
Cocaine possession can escalate to a second-degree felony under certain conditions, such as possession of large quantities that imply intent to distribute but lack sufficient evidence for a first-degree felony charge. Second-degree felonies in Utah are punishable by up to 15 years in prison and a fine of $19,950, reflecting the seriousness with which Utah views drug distribution activities, even in cases where actual distribution cannot be conclusively proven.
Third-Degree Felony Offenses
Possession of cocaine without clear evidence of intent to distribute typically results in third-degree felony charges in Utah. A conviction for a third-degree felony drug offense can result in up to five years in prison, along with fines up to $5,000. These penalties, fortunately, offer some degree of leniency compared to more severe distribution-related offenses.
Repeat Offenses and Enhancements
The law also has provisions for increasing the severity of penalties for individuals who have been previously convicted of cocaine possession or other drug-related offenses. For instance, if a person is found guilty of possessing cocaine for the third time, the charge is elevated to a higher level.
This type of offense is punishable by up to 364 days of incarceration in jail and a fine of up to $2,500. These enhancements in penalties are meant to deter individuals from engaging in drug-related offenses but end up being a further form of punishment for a pattern of behavior.
The presence of a firearm during a cocaine possession offense can also lead to enhanced penalties, reflecting the increased danger posed in these situations. In cases involving cocaine possession with a firearm, Utah courts have the discretion to enhance penalties based on the perceived threat level and your criminal history. This discretion typically allows for increased prison terms, higher fines, and more stringent probation conditions. You could also face prosecution from the federal government, as well.
Probation
Probation is an alternative to incarceration, offering offenders the opportunity to live in their community under court-imposed conditions. Depending on the severity of their offense and their criminal history, individuals convicted of cocaine possession might be eligible for probation. The court’s decision to grant probation involves assessing the individual’s risk to the community and potential for rehabilitation.
Conditions of probation can vary significantly but often include mandatory drug testing, participation in drug education or treatment programs, community service, and regular check-ins with a probation officer. The goal is to monitor the defendant’s behavior closely and ensure compliance with the court’s conditions while attempting to provide rehabilitation and prevent recidivism.
Ordered Rehabilitation
Ordered rehabilitation is another alternative penalty to cocaine possession offenses. Recognizing the importance of addressing substance abuse issues directly, Utah courts might mandate participation in specific rehabilitation programs as part of sentencing. These programs are designed to provide the necessary support and resources to help individuals overcome addiction, including counseling, therapy, and education on substance abuse.
Rehabilitation orders can be part of both probationary sentences and post-incarceration reentry plans. The focus on rehabilitation recognizes that individuals should not only be penalized for drug offenses but also should be provided with environments conducive to recovery and change. This approach aligns with the broader trend toward drug treatment courts and alternative sentencing programs that prioritize rehabilitation over punishment for non-violent drug offenders.
Drug Court
Utah’s drug courts serve as a specialized court docket program that targets criminal defendants charged with non-violent drug offenses like cocaine possession. Unlike traditional court proceedings that focus solely on the legal aspects of an offense, drug courts operate under a model that combines judicial supervision with comprehensive substance abuse treatment, mandatory drug testing, sanctions, and incentives.
Participation in Utah’s drug court program is not automatic. Individuals charged with cocaine possession might be eligible based on several factors, including the nature of the offense, their criminal history, and an assessment of their drug dependency needs. Typically, violent offenders or those with significant criminal backgrounds will not qualify. Once deemed eligible, participants are required to plead guilty to their charges, which is held in abeyance while they complete the program.
It is important to remember that the drug court process is rigorous and demands high levels of personal accountability. Participants are subject to frequent drug testing, must attend regular court appearances, and participate in treatment sessions. They are also required to maintain or seek employment and avoid any criminal activity. The program is divided into phases, each with specific goals and milestones, and participants receive continuous monitoring and support from a multidisciplinary team, including judges, prosecutors, and defense attorneys.
For individuals facing cocaine possession charges, the benefits of successfully completing a drug court program can be substantial. Upon completion, participants might see their charges reduced or dismissed altogether. Moreover, the focus on rehabilitation offers them a chance to address their substance abuse issues in a structured environment, which can lead to long-term recovery and reduce the chances of going back to jail.
Our Utah Cocaine Possession Defense Lawyers Can Help
Contact Overson Law, PLLC at (801) 758-2287 for your free case evaluation with our Park City drug defense attorneys.
Methamphetamine, or “meth,” has become a serious issue in Utah, which is reflected in the penalties levied for its possession. A conviction for methamphetamine possession can result in not only years in prison but a loss of many of your basic rights.
That is where our defense firm comes in. We have spent years defending clients in these cases and can help you determine how best to deal with the charges you are facing. Not every possession case ends in imprisonment. There are now more opportunities than ever to get treatment where only punishment used to be an option. However, some cases are such that they must be heard in court. In either situation, our team can help you craft a defense strategy that can potentially shield you from the worst penalties.
Contact Overson Law, PLLC at (801) 758-2287 for a free evaluation of your case with our Salt Lake City drug possession defense attorneys.
What Are the Penalties For Methamphetamine Possession in Utah?
Utah, like many states, has stringent laws governing controlled substances, including methamphetamine. Recognized for its potential for abuse and dependency, methamphetamine possession is treated with great seriousness under Utah law. However, the state’s approach aims to balance punitive measures with opportunities for rehabilitation, reflecting a broader understanding of substance abuse as both a legal and public health issue.
In Utah, possession of methamphetamine is categorized based on the amount of the substance found and the individual’s criminal history. Under Utah Code § 58-37-8(1), possession of any amount of methamphetamine, even if for personal use, is classified as a third-degree felony. This classification reflects the state’s strict stance against methamphetamine because of its high potential for addiction and massive societal harm.
Incarceration and Fines
A third-degree felony for methamphetamine possession can result in up to five years in prison and a fine of up to $5,000. These penalties underscore the legal system’s efforts to impose significant consequences for drug offenses while also considering the capacity for rehabilitation.
Under Utah Code § 58-37-8(1)(d), however, second and first-degree felony possession convictions are punishable by five to 15 years in prison. In extremely serious cases, this could be enhanced to life in prison.
Impact of Prior Convictions on Your Case
For individuals with prior drug convictions, the penalties for methamphetamine possession can be more severe. A third conviction elevates the charge to a second-degree felony, which can lead to one to fifteen years in prison and fines up to $10,000. This escalation in penalties is intended to serve as a deterrent to repeat offenses and signals the seriousness with which Utah views the possession of methamphetamine.
Probation and Ordered Rehabilitation
In some cases, courts might offer alternatives to incarceration, such as probation or mandatory participation in rehabilitation programs. While these options aim to address the underlying issues of substance abuse, they come with their own set of restrictions and obligations, including regular drug testing, meetings with probation officers, and compliance with treatment protocols.
Loss of Some Civil Rights
Felony convictions result in the loss of certain civil rights, such as the right to vote, possess firearms, and, in some cases, the ability to hold public office or serve on a jury. These losses represent a significant diminishment of civic participation and personal freedoms.
Impacts on Your Personal Life
A methamphetamine possession conviction carries a significant social stigma, affecting personal relationships and social interactions. The label of being a convicted felon can lead to isolation, strained family dynamics, and difficulties in forming new relationships, all of which can exacerbate feelings of guilt, shame, and anxiety.
Convicted felons also face substantial barriers to employment. Many employers are hesitant to hire individuals with a criminal record, particularly for positions of trust or those requiring licensing. This can limit job opportunities to lower-paying roles with fewer benefits, impacting long-term career prospects and financial stability.
Similar barriers exist in education, where individuals with felony convictions might find it difficult to gain admission to colleges or universities, secure financial aid, or participate in certain academic programs. These obstacles can derail educational goals and limit future career advancement.
Finding stable, affordable housing is another challenge for those with a methamphetamine possession conviction. Landlords might be reluctant to rent to individuals with felony records, limiting options and potentially leading to unstable living conditions.
Convictions can also affect eligibility for certain forms of public assistance, including food stamps, welfare benefits, and federal student aid. These restrictions can compound financial difficulties, making recovery and reintegration into society more challenging.
What Are Common Defenses to Methamphetamine Possession in Utah?
Defending against methamphetamine possession charges in Utah requires a nuanced understanding of broad legal principles. From challenging the legality of law enforcement actions to arguing against the nature and intent of possession, various strategies can be employed. However, each of these defenses is highly context-specific, requiring a detailed examination of the facts and circumstances of each case.
Lack of Knowledge
One common defense to methamphetamine possession is claiming a lack of knowledge. Under this defense, the defendant argues they were unaware of the presence of methamphetamine. This defense hinges on the ability to convincingly demonstrate to the court that the defendant had no knowledge of the controlled substance being in their vicinity or property. It is a defense rooted in the principle that one cannot intentionally possess what one does not know exists.
Lack of Possession
Closely related to the lack of knowledge defense is the argument that the defendant did not actually possess the methamphetamine. Possession, in legal terms, can be actual or constructive. Actual possession means the drug was found on the person, while constructive possession implies the drug was in a location over which the individual had control. Arguing lack of possession involves demonstrating that the defendant neither had physical custody of the substance nor control over the area where the drugs were found.
Unlawful Search and Seizure
The Fourth Amendment protects individuals from unreasonable searches and seizures. If law enforcement conducts a search without a valid warrant or probable cause and methamphetamine is discovered as a result, the evidence might be deemed inadmissible in court. This defense requires a meticulous analysis of the circumstances surrounding the search and seizure, including whether the police had a lawful basis for their actions.
Duress
Duress involves situations where the defendant was forced into possessing methamphetamine because of threats, violence, or the fear of immediate harm. Demonstrating duress requires proving that the defendant’s actions were not voluntary but were instead the result of coercion. This defense acknowledges possession but removes culpability because of the circumstances under which possession occurred.
Entrapment
Entrapment occurs when law enforcement induces a person to commit a crime they would not have otherwise committed. For an entrapment defense to be successful in a methamphetamine possession case, it must be shown that the idea to possess the drug originated with law enforcement and that the defendant was not predisposed to commit such an offense. This defense challenges the conduct of the police rather than disputing the facts of possession.
Our Utah Methamphetamine Possession Defense Attorneys Can Help You Fight the Penalties You Face
Call our Salt Lake City drug possession defense lawyers today at Overson Law, PLLC at (801) 758-2287 for a free assessment of your case.
Over the past 10-15 years, society has become more aware of sexual assault and the damage it can cause. Offices are offering sexual assault prevention training, and colleges across the country have made education about what constitutes consent part of their orientation curriculum for new students. The law, too, has changed to better define what constitutes sexual assault and what consent looks like.
In Utah, consent is not defined, but statutes outline many acts that denote a lack of consent. It can be said that Utah uses a “no means no” system rather than “yes means yes” for consent. Accordingly, understanding consent in Utah involves understanding what acts can denote a lack of consent.
To have our team of Park City sex crimes defense lawyers look at your case, call Overson Law at (801) 758-2287.
Defining Consent in Utah
Consent is explained under Utah Code § 76-5-406(2). Utah law does not so much give a definition for consent as explain a large number of courses of action that denote a lack of consent. Our Provo sex crime defense attorneys will walk you through this statute so that you have an understanding of how consent is treated under Utah law.
Lack of Consent Through Words
Utah Code § 76-5-406(2)(a) makes it so that a person can display a lack of consent through words or conduct. Essentially, if someone says “no” to a sexual invitation, they are not consenting. Actions can also display a lack of consent, such as pushing someone away or avoiding being in close proximity to someone making sexual advances.
Physical Force
Per Utah Code § 76-5-406(2)(b), removes consent when the perpetrator physically overpowers the victim to do a sexual act. So, if someone pins down a victim and has sexual intercourse with them, that victim cannot consent.
Surprise and Deception
Nonconsensual sexual acts can also happen if the perpetrator carries out those acts through surprise or deception under Utah Code § 76-5-406(2)(c). For example, suppose someone is going on a blind date after matching on a dating app. The perpetrator shows up to the date, pretending to be someone they are not. The two people then have sex, with the victim thinking that the perpetrator is someone they are not. The perpetrator could be accused of a sex crime because they used deception to rob the victim of their opportunity to consent.
Threats
Threatening a victim in order to obtain sexual gratification does not constitute consent under Utah Code § 76-5-406(2)(d). It does not matter if the threats are imminent or in the future, and it also does not matter if the threats are for physical harm or something else. So, a perpetrator could threaten to stab the victim if they do not have intercourse or threaten to get them fired from their job, and the result, criminally speaking, would be similar.
People Who Cannot Consent in Utah
In many circumstances, consent is given by adults who are free to do so. However, there are certain kinds of individuals who are not able to consent under the law, so it does not matter how verbal or intuited alleged consent was given – you can still be charged with a sex crime if you carry out sexual acts with any of these groups of people.
Minors
Minors cannot consent to sexual acts. Utah Code § 76-5-406(2)(i) makes it legally impossible for anyone under the age of 14 to consent to sexual acts. § (k) of the same statute makes it impossible for someone more than three years older than a victim between the ages of 14 and 17 to obtain consent. Finally, parents and guardians cannot obtain consent from their biological or adoptive children if the children are under the age of 18 per § (j) of the same act.
Unconscious People
Unconscious people cannot give consent per Utah Code § 76-5-406(2)(e). Consent requires individuals to know what is going on, so someone being unconscious precludes that.
People with Certain Mental Conditions
Under Utah Code § 76-5-406(f), you cannot get consent from someone who, because of a mental condition, cannot understand the consequences of a sex act or potentially resist it.
Sexual Assault in Utah
Many sex crimes in Utah that involve a lack of consent fall under the umbrella term “sexual assault.” Sexual assault can be defined as unwanted sexual touching or other sexual acts. There is no generic crime of “Sexual assault” in Utah. However, the two main crimes that would fall under the general term of “sexual assault:” Sexual battery and aggravated sexual assault.
Sexual Battery
Utah criminalized sexual battery under Utah Code § 76-9-201. The crime consists of touching another person’s buttocks, anus, breasts, genitals, or other sexually charged areas without their consent. There is no distinction between whether this nonconsensual touching is direct or through clothing, so “heavy petting” can still get you charged with sexual battery. If such conduct meets the threshold for a more severe crime, like rape, it is no longer sexual battery because it is rape – the more serious crime. Lack of consent is a core element of the crime of sexual battery.
Aggravated Sexual Assault
The crime of aggravated sexual assault can be found in Utah Code § 76-5-405. Aggravated sexual assault occurs when someone threatens a victim of rape or forcible sodomy while using a dangerous weapon or uses the same to force the victim to perform those acts. Again, a lack of consent is required for aggravated sexual assault, as all of the associated crimes require a lack of consent.
Talk with Our Utah Sex Crimes Defense Lawyers Today
If you have concerns you would like to discuss, get a free, confidential case review from Overson Law’s Ogden, UT sex crimes defense lawyers by calling (801) 758-2287.
