Weapon Charges

If you have been cited and even arrested for a weapons charge in Utah, it is not something you want to gloss over. At the end of the day, you could be facing trouble you could be dealing with for some time to come.

An individual charged with assault using a deadly weapon can be an instance where one uses a gun, knife, baseball bat, crowbar, vehicle or other item considered to put others at grave risk and with the potential for serious injury or worse. An assault with a dangerous weapon is aggravated assault, a third degree felony if there is no injury. If there is bodily injury then the charges can be more severe. There is also the potential of attempted homicide charges.

 A lesser charge is brandishing a firearm which is a misdemeanor. Brandishing involves displaying a firearm and making a verbal threat, but not pointing it at a person


Crafting a legal defense against a weapons charge

As you and your legal team work to defend you against a weapons charge, focus in on the following:

  • Knowing what you are facing – When authorities have saddled you with one or more weapons charges, it is important to clearly understand what you’re up against. For example you need to know when you can use a gun. You need to understand your right to self defense and your Second Amendment rights. If you know the law you have a better idea if you in fact broken the law or are innocent of any and all such charges. Know in Utah that a weapons charge could be tied to a myriad of scenarios. Among them can be committing a homicide with a gun or other deadly weapon, assaulting someone with a weapon, having a concealed weapon in your possession minus a permit, owning or having an illegal weapon on your body, home, vehicle and more. Make sure your legal counsel explains to you what the charges are and how best to defend you against them.
  • Knowing potential fallout – If the state is able to clearly prove you are in violation of the law, what is the po-tential fallout from it (see possible sentencing below)? Not only can a conviction impact your wallet and land you behind bars, it can stay with you the rest of your life, both professionally and personally. Also know that if you have been convicted of a serious crime such as domestic violence, you may have to turn in any weapons you have in your home. This can make it more difficult to defend yourself should someone break into your home with the intent to harm you.
  • Possible sentencing – If convicted of a weapons charge, know that you the court will have to decide if your offense is a misdemeanor or felony. Misdemeanors fall under classes A to C. Felonies are classified as first, second or third degree offenses. Depending on the type of weapons offense you are labeled with, you could have anything from a Class A misdemeanor to a first-degree felony. The goal of your legal team is to get the charge lowered as much as possible or altogether removed if the evidence does not support a conviction. If you are convicted, knowing what you’re looking at as a possible sentencing is important. Among the possibilities would be: Class C Misdemeanor – Fine of up to $50, Jail up to 90 days; Class B Misdemeanor – Fine of up to $1,000, Jail up to six months; Class A Misdemeanor – Fine up to $2,500, Jail up to one year. Third-Degree Felony – Fine up to $5,000, Prison up to five years; Second-Degree Felony – Fine up to $10,000, Prison term of one to 15 years; First-Degree Felony – Fine up to $10,000, Prison term of five years to life behind bars.

    There also are enhanced punishments for crimes that involve a firearm


  • Knowing how your life can change – In the event you’re convicted of a weapons related charge, your life is going to change. The changes can include the potential loss of a job, having trouble finding another job with a criminal conviction on your record, financial fallout and more.

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If you have any inquiries about our process or need legal help with any criminal litigation, contact our office today.