![]() ![]() Utah also allows the use of deadly force by a person in defense of others on real property other than his/her residence (i.e. In Utah, this is called “force in defense of habitation.” Specifically, this statute allows for the use of deadly force only when there is a “reasonable fear of imminent peril of death or serious bodily injury if the entry or attempted entry is unlawful and is made or attempted by use of force, or in a violent and tumultuous manner, or surreptitiously or by stealth, or for the purpose of committing a felony.” See Utah Code 76-2-407. Utah also allows what is commonly referred to as the castle doctrine, which is the use of force by a person to prevent another who is attempting to unlawfully enter their residence. Utah no longer espouses the “duty to retreat” that was once common, a person is justified in using deadly force as long as that person is in a place where they are lawfully allowed to be. Something as simple as pushing someone away, depending on the situation and location, can be classified as deadly force. Remember, the statute only requires force intended or likely to cause death or serious bodily injury. It must also be pointed out that deadly force does not necessarily require the use of a gun, or knife, or another weapon commonly thought of. In Utah, the term “forcible felony” covers a wide range of crimes, ranging from murder and aggravated assault to arson and robbery. Utah law states that the use of force “intended or likely to cause death or serious bodily injury” (deadly force) is justified when a person “reasonably believes that force is necessary to prevent death or serious bodily injury” either to that person, or to another, or to prevent a forcible felony. Proper training is strongly encouraged, both in the use of your chosen weapon as well as proper mental preparation and understanding of the Utah gun laws. ![]() It is not against the law to carry a concealed firearm as long as you have a permit to carry a gun. ![]() Often times a person who decides to use deadly force against another person does not get a chance for a “do-over.” For those of you in Utah who hold a Concealed Weapons Permit, or choose to open carry a weapon, you must be prepared to make the decision and act responsibly. This is not intended to cover all aspects of the use of deadly force, but give an idea of the basics.įirst and foremost, the use of deadly force is something that should not be taken lightly. With current events what they are nationwide, and the media coverage of workplace violence and other violence committed against the general public, it is appropriate to discuss when the use of deadly force would be considered “justified” under Utah law. WHEN IS THE USE OF DEADLY FORCE JUSTIFIED UNDER THE LAW? Creating LLCs, Corporations, & Partnerships.Training and Development Employer Services.Employee Relations and Dispute Resolution. ![]()
0 Comments
Leave a Reply. |