Introduction to Utah Self Defense Laws
Self defense laws in Utah provide a legal framework through which individuals can protect themselves from attack and injury. The principle of self defense as a mode of exculpation in Utah is simple: if you are attacked and fear for your well-being, then you have the right to defend yourself with greater use of force against your attacker. This is generally known as the right to stand your ground without retreating.
Utah permits self defense in situations involving individuals who threaten both physical and sexual harm . More specifically, it allows for the use of defensive force to prevent the following:
In Utah, a person will not be convicted for homicide or other types of injury or death inflicted on another if the injured individual was the aggressor who first used force, and the injured party had: (1) engaged in a non-verbal act or threatening gesture that amounted to an overt act; and (2) created an apprehension of bodily injury or death.
Utah Stand Your Ground Laws Explained
The self defense laws in Utah apply to the concept of Stand Your Ground, which is a common law rule codified in Utah Code section 76-2-402(1): "[A] person is presumed to have held a reasonable fear of death or serious bodily injury if that person . . . is in a place where the person has a right to be and is not engaged in criminal activity that justifies an exception to the use of deadly force . . . ." Likewise, the Utah Code’s Make My Day law is also based on the same common law rule codified in Utah Code section 76-2-405(1)(a): "A person is not required to retreat from a dwelling that the person owns or leases . . . [or a vehicle owned by the person] . . . before using deadly force that is justified pursuant to Section 76-2-402." However, unlike some states that follow the "Castle Doctrine," Utah does not have a duty to retreat requirement and therefore does not allow a person to "stand his ground" on the premises of another person. A case with striking facts on this issue is State v. Steele, 207 P.3d 391 (Utah 2009) which held that although Utah law does not require a person to retreat from his residence, it does require a person to retreat from the "place where the person has no right to be," and that under Section 76-2-402, the common law defense of necessity is only available when a person is "outside of the place where [he] has a right to be."
Legal Standard for Self Defense in Utah
In determining whether force was used lawfully, a jury will consider whether the defendant was aware of the harm. Sometimes, a person reacts without being fully aware of what is going on. If a serious threat is perceived, a person is allowed to react. If that reaction is reasonable upon review, the defendant will be free of criminal liability. In the state of Utah, the use of self-defense is only appropriate if the following legal criteria are met: The law varies somewhat on how seriously the case is taken by law enforcement officers and judges. In general, the law favors defendants against whom someone else has attacked. The best way to prevent criminal charges is to call the police before any altercation occurs.
Utah Castle Doctrine Protection of Habitation
In the darkest hours of the night, an uninvited person may trespass upon your property with ill intent—the desire to commit murder, terrorism, rape, robbery, or other heinous acts. In these moments, the owner of the property may claim protection under Utah’s "castle doctrine" to forcefully expel the intruder and defend themselves against bodily harm.
Utah’s castle doctrine (Utah Code § 76-2-405) provides that in the event of a residential invasion, citizens may use SCATTER such unlawful physical force that is allowed for necessary removal of a trespasser who threatens his or her personal safety or safety of another individual.
SCATTER:
S= self
C= third party
A= arson
T= terrorism
T= murder
E = rape
R= robbery
The law permits you to use this force only if there is the risky potential of one of these serious crimes, whether it is against a person or property, as the invasion of your home unfolds.
Castle doctrine is also commonly referred to as "Stand-Your-Ground" law. In Utah, there is no duty to retreat from an encounter that is deemed immediately dangerous and may involve bodily injury or worse. Thus, you do not have to "get out of harm’s way" before using deadly physical force.
Utah also protects individuals in the workplace. Homeowners may invoke castle doctrine only if the intruder has unlawfully entered the dwelling, as Nora Collins did, however auto and workplace shootings in Utah would generally be governed under the common law affirmative defense of necessity.
Legal Implications and Protections
A defendant who uses self defense in Utah has two types of legal consequences: criminal and civil. At the criminal level, if the defendant used reasonable force, they will have a legal defense against the criminal charge; however, if the defendant was not acting in self defense, they could be subject to criminal charges, including homicide or manslaughter.
At the civil level, Utah law provides civil harm protections to individuals who are present during a forced entry into a dwelling. These protections could include an injunction against the person who made the forced entry. If, during that forced entry, an individual used deadly force, they are immune from criminal and civil liability as long as the above conditions are met. Use of physical force could be used as part of a civil claim, tort, which would include such elements in the claim as assault or battery . If, however, there was reasonable belief that an individual was about to make a forced entry, that person may use non-deadly force, and, again, if exercising reasonable belief, the individual could be immune from criminal and civil liability for using that non-deadly force.
For both civil and criminal matters, use of deadly or non-deadly force is only permitted if the individual believes force is being used or soon will be used in the commission of an unlawful entry.
Utah law also includes an immunity law related to civil harms that involves the use of force by an individual who is using non-deadly force to restrain an individual perceived to be committing a public offense. The act states that the individual can be sentenced to court ordered community service if they used such non-deadly force. The type of public offenses mentioned in the statute are riot, failure to disperse, and disorderly conduct, but does not include sexual offenses. As long as the above conditions are met, the person using such non-deadly force is immune from criminal and civil liability.
Recent Legal and Judicial Updates
Recently, there have been so many criminal law changes it is hard to keep up with them, even for defense lawyers like myself. Of course, with the rise in popularity of the Castle Doctrine and Stand your ground laws in certain states, crime has plummeted over the past twenty years.
There was a recent change related to self-defense in Utah. Utah courts have now officially recognized that a person may use deadly force without first retreating. The Castle Doctrine has finally come to Utah based on the Utah Supreme Court’s decision in 2017 where the self-defense instruction error did not affect a fair trial. The Castle Doctrine shifts the burden of proof to the State of Utah (prosecution) which must now prove beyond a reasonable doubt that the use of deadly force by the Defendant was not a reasonable act of self-defense.
The burden of proof is now partially on the Government and the jury presumes that the use of deadly force was a reasonable act of self-defense. The use of deadly force to prevent a forcible entry into the home is also now an accepted defense if the use of deadly force was necessary. Also, there is no requirement for a duty to retreat in Utah if you are honest about your use of deadly force.
Practical Do’s and Don’ts of Self Defense Laws
Utah residents must proceed carefully when facing a self defense situation. Law enforcement officers may take a patient view of criminal acts committed by innocent people who have fled from a dangerous situation, however prosecutors are less likely to be flexible. If you or a loved one are facing self defense charges in Utah, consider the following tips to ensure that you have the best chance of having the charges dropped or obtaining a favorable plea deal.
If you have faced a situation where you had to exercise a self defense claim, you should call your lawyer immediately. When speaking with the police, you should explain that you must wait to talk until your lawyer is present. If you are taken into custody, do not answer any questions until you have spoken to your lawyer first. Police will often say anything they must to elicit an admission of guilt, and if you don’t make a statement, your thinking may be used against you in court. Once the police get a statement to use against you, you are at risk for a conviction .
When possible, obtain witnesses and other evidence to support your claim. Photos of the scene, medical records pertaining to injuries you received and witness statements are all beneficial to your claim. You should work with your attorney to obtain this evidence.
Be sure to tell the same story about what happened more than once. When talking to the police, confirming with witnesses and in the courtroom, you should tell the same account. If there are inconsistencies between your statements, this can be used by the prosecution to undermine your credibility. Suspects, defendants and defendants should be confident in their claim that they acted in self defense in their response to incidents.
Free consultations with a self defense attorney are important to help you understand what legal options you have after being charged with self defense. If you have been in a self defense situation, it is best to seek out a qualified attorney with experience in criminal law.
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