The criminal offense of carrying a concealed dangerous weapon can be charged as a misdemeanor or felony under Utah Code § 76-10-504. The classification of the crime depends on the circumstances in which carrying a concealed weapon occurs and on the type of weapon involved.
Concealed Carry Defense Lawyer in Salt Lake City
If you were charged with the serious criminal offense of carrying a concealed dangerous weapon then contact an experienced criminal defense attorney at the Law Offices of Darren M. Levitt. Call today to discuss the case and possible defenses to help you obtain the best possible outcome for any charge of carrying a concealed dangerous weapon in Salt Lake City or the surrounding areas in Utah.
Class “B” Misdemeanor for Carrying a Concealed Dangerous Weapon
A person who unlawfully carries a concealed dangerous weapon, including an unloaded firearm, in public can be found guilty of a class B misdemeanor.
Class “A” Misdemeanor for Carrying a Concealed Dangerous Weapon
If a person carries a concealed dangerous weapon that is a loaded firearm, the offense can be charged with a class A misdemeanor
Second Degree Felony
The offense of carrying a concealed weapon can be charged as a second degree felony if the dangerous weapon is a sawed-off shotgun.
Alternatively, a second degree felony can be charged if the person accused used the concealed dangerous weapon in a violent felony. The plain language and structure of this statute demonstrate that subsection (3) is intended to operate as an enhancement provision, enhancing the penalty for the offense of carrying a concealed firearm when the offense is committed in conjunction with a crime of violence, a separate offense. Thus, this charge does not “merge” with the underlying violent felony.
The Structure of the Carrying a Concealed Dangerous Weapon Statute in Utah
As the court of appeals correctly observed, “[t]he penalties imposed by section 76–10–504 increase proportionally to the increased risk to the public.” Smith, 2003 UT App 52 at ¶ 22, 65 P.3d 648. The structure of the carrying a concealed dangerous weapon shows a graduated punishment scale that is indicative of an enhancement statute. See State v. Smith, 2005 UT 57, 122 P.3d 615, 620.
Finding a Qualified Criminal Defense Attorney
After being arrested or charged with the serious crime of carrying a concealed dangerous weapon you should contact an experienced criminal defense attorney at the Law Offices of Darren M. Levitt. Call today to discuss the facts and circumstances of the case and possible defenses to help you obtain the best possible outcome for any charge of carrying a concealed dangerous weapon in Salt Lake City or the surrounding areas in Utah.