Some things are obviously dangerous weapons, but anything can be considered a dangerous weapon.

Matthew Mackin took his ex-girlfriend’s purse believing it contained evidence of her drug use, past thefts, and current plan to steal a motor home. Mackin drove away with her purse with the intention of bringing the evidence to the police, but the ex-girlfriend dove into the passenger side window of the car. Mackin accelerated while the two were fighting over the purse and the ex-girlfriend was hanging halfway out the window. At trial, the jury found Mackin guilty of, among other things, aggravated robbery. The Supreme Court of Utah looked at whether the trial court erred when it failed to reduce his conviction from aggravated robbery to robbery. The court will reverse the jury’s verdict only when the evidence is sufficiently inconclusive or inherently improbable that reasonable minds must have entertained a reasonable doubt that the defendant committed the crime of which he or she was convicted.

Utah Code § 76-6-302(1) says that “[a] person commits aggravated robbery if in the course of committing [a] robbery, he (a) uses or threatens to use a dangerous weapon as defined in Section 76-1-601; (b) causes serious bodily injury upon another; or (c) takes or attempts to take an operable motor vehicle.” Section 76-1-601 defines a “dangerous weapon” as “any item capable of causing death or serious bodily injury” or “a facsimile or representation of the item, if” the actor “leads the victim to reasonably believe the item is likely to cause death or serious bodily injury” or “represents to the victim… that he is in control of such an item.” The statute also provides that the use of a dangerous weapon in the course of committing a robbery includes the immediate flight after the commission of a robbery.

The court concluded that sufficient evidence supported the jury’s finding that Mackin used his car as a deadly weapon. The court began with the statute’s plain language and discussed that a defendant must not only use a dangerous weapon but must use it in a way that is capable of causing death or serious bodily injury. Any object used in a way that is capable of causing death or serious bodily injury is a “dangerous weapon” for purposes of aggravated robbery. In other words, if there was evidence before the jury that Mackin (1) drove the car (2) in the commission of or in the flight from the robbery (3) in a manner capable of causing death or serious bodily injury, then the court should affirm. Mackin drove the vehicle while his ex-girlfriend was hanging out of it and while they were fighting. The evidence supported a reasonable inference that the vehicle was capable of causing serious bodily injury or death. Therefore, Mackin committed an aggravated robbery.

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Utah Assault Laws

The basic definition of Assault is an attempt, threat, or act of force to do bodily injury. From that starting point assault charges branch of into many directions. For example a basic assault charge is a class B misdemeanor, but if the actor actually causes substantial bodily injury, or if the victim is pregnant then the charge is enhanced to a class A misdemeanor. There are also separate charges for assault against a school employee and assault against a peace officer. In the case above the accused was charged with aggravated assault because he used a dangerous weapon (i.e. the gun), which makes the charge a third degree felony.

Violent Crimes | Utah Criminal Defense Attorney

Violent crimes are very serious in nature and the laws are set up so the state can be very tough with offenders. The penalties involved with violent crime charges such as aggravated assault are very harsh and could result in serious jail time. If you have been charged with a violent crime and are looking for legal help in Utah then call the lawyers at Provo Criminal Defense. Our attorneys are experienced in criminal defense and can help you obtain the best outcome available. Call or email us today to set up a free consultation.

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Violating a Protective Order

Did you know if a protective order is made permanent against you, you could lose certain state licenses such as your concealed weapons permit or your hunting privileges. You also may not be able to own or purchase weapons. The effects of a protective order are substantial. What is even worse, if a protective order is entered against you and you violated that protective order, you could be charged with class A misdemeanor. For those who are charged with violating a protective order, you have options. It is extremely important to consult with a lawyer before going into court on this type of a charge. Prosecutors take restraining order violations very seriously.

Utah County Law Firm 801-900-3717

When searching for a criminal defense lawyer in Provo to defend you in your protective order or violation case, make sure you get Utah County law firm familiar with the courts here in the Utah Valley area. For a free consultation, you can call our office day or night at 801.800.8246. We look forward to helping you through this process.

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Incentives to Appeal

In civil cases, appeals are often not pursued because of the time and money that must be dedicated to the process. In criminal cases, on the other hand, when the convicted has their liberty at stake they are usually very willing to try the appeals process, to at least keep hope alive. That however was not the case for Brian Mitchell, who was convicted for the kidnapping of Elizabeth Smart. Attorney’s for Mitchell announced recently that he will not be appealing his conviction and life sentence thus ending the legal work for Mitchell.

Provo Criminal Defense

The appeals process is often a very difficult road and does not have a high success rate, but it is usually an easy decision to make in some situations. The attorney’s at Provo Criminal Defense are well experienced in the appeals process and can help you in that process if it is necessary. If you have been convicted of a crime or are simply being charged with a crime, contact us today to find out what we can do for you.

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Earlier this year there was a deadly fire at the Boulders Apartment complex in Provo, Utah. Police received a call from one of the tenants, Yvette Kimber, who said she was suicidal. Moments later the fire was reported. Kimber eventually called 911 as she tried to notify fellow tenants, but two of those tenants became trapped in their appartments and died. Kimber was initially detained for questioning and she described the events as an accident. Kimber reported that she was intoxicated and fell asleep with a cigarette, but later admitted to the investigator that she started the fire as a way to take her own life.

Charges Filed

Kimber was originally arrested for investigation of manslaughter, but after the Provo fire marshal determined that accelerates were used in starting the fire, the potential charges were upgraded. The new felony charges were two counts of murder and one count of aggravated arson. Judge Lynn Davis in Provo determined that Kimber was mentally competent to stand trial last month.

Possible Deal

Currently, Kimber is considering a plea deal which is still unknown. In a hearing today Kimber waived her preliminary hearing and Judge Davis alloted her 30 days to consider the plea bargain.

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Some crimes in Utah County are pervasive and happen consistently throughout the valley.  Such crimes as drug possession and domestic violence happen too often in Provo and the rest of Utah County.  DUIs are also very prevalent throughout the county.  Basically, because misdemeanors are essentially easier to commit, it only makes sense they are committed in a more prevalent manner.  Felonies aren’t necessarily harder to commit than misdemeanors but it can be more difficult for a prosecutor to charge a person with a felony.

One felony that few people are charged with is murder.  Most people don’t intentionally kill another human being so murder cases don’t happen very often in Utah County.  When a murder does occur, it is usually headline news.  A misdemeanor drug possession is seldom covered in the news because it happens so much.  In recent news, there has been much attention given to a murder of a man in Provo.

Police Arrest Suspects in Provo Murder Case

The murder occurred in Provo last week.  A 32 year old man was found injured with a gun shot wound to the head on his front porch.  The man died a day later.  Murders don’t happen often in Provo so many news outlets covered the story.  There also weren’t any suspects immediately after the murder which garnered further interest in the story.

This week the case further developed with the arrest of two individuals believed to be involved in the murder.  Both defendants have prior criminal histories which is not good for their public image.  Most people will probably automatically assume these men are guilty, but their guilt must be proved in a court of law.  Hopefully these men will have a Provo criminal defense lawyer to ensure they are tried fairly.  A Provo criminal defense lawyer can protect their rights and ensure they receive a fair trial.

Provo Criminal Defense Lawyers Represent Any Defendant

Whether you have been charged with a simple drug possession misdemeanor or a serious murder felony, call a Provo Criminal Defense Lawyer.  A Provo Criminal Defense Lawyer will represent a defendant for any criminal charge and ensure their rights are protected.  Call 801.800.8246 to set up a free consultation with an attorney today.

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