Defenses To Firearm And Weapon Charges In Utah
There may be defenses your attorney will determine are applicable to your case if you have been charged with a weapon or firearm offense in Salt Lake City. After your criminal defense attorney hears the details of your particular case, they will determine if mitigating factors and defenses apply to your situation that may reduce or dismiss your charge. Common firearm and weapons defenses in Utah are:
- Carrying a Concealed Dangerous Weapon – A defense to this charge is if the offender has a lawful concealed firearm permit, lawfully has the firearm in their home or place of business, or lawfully in their vehicle. Lawfully in a person’s vehicle means the person is at least 18 years old, has lawful possession of the vehicle and the firearm is not a shotgun or rifle.
- Lack of Intent – Many firearm offenses, including Possession of a Dangerous Weapon with Intent to Commit Assault, have an element of intent. If the offender did not have the statutorily required intent, then they may be able to use this defense. Intent is a subjective element, and very hard for the prosecution to meet the burden of proving this element.
- Exempt Person – Certain people are exempt from the laws pertaining to carrying concealed dangerous weapons, including U.S. Marshals engaged in their official duties, federal officials required to carry firearms in the course of duty, law enforcement officials. And common carriers who regularly transport firearms as merchandise.
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