Archive for the ‘Violent Acts’ Category

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Utah Soccer Player Charged with Homicide by Assault

May
09
Simms, on the topic of  Violent Acts
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A 17-year-old soccer player has been charged in a Utah juvenile court with homicide by assault following an incident where he allegedly punched a referee; the referee died several days after the supposed assault.

Photo: Shawn Rossi

The Salt Lake County district attorney is reportedly going to attempt to have the youth certified as an adult, thereby transferring the juvenile case to district court.

What is Homicide by Assault?

Under Utah law, homicide by assault occurs when

• A person causes the death of someone else (under circumstances that aren’t classified as aggravated murder, murder or manslaughter) while intentionally or knowingly attempting with unlawful force or violence, to do bodily injury to another.

Homicide by assault is a third degree felony. If a person is found guilty of a third degree felony in adult district court, he could possibly be sentenced to up to five years in prison.

On the other hand, being found guilty of a crime in juvenile court can come with entirely different consequences, some of which may include: detention, work hours, community service and/or fines.

What Will Happen?

Whether or not the case will be handed over to district court depends on the results of a certification hearing to be held in juvenile court. Many factors will be taken into account in that hearing, not the least of which may include the youth’s previous delinquency history (if any), his school record and a psychological evaluation.

What’s your opinion? Should a hot-headed juvenile be treated as an adult? If the juvenile is given adult status, will the punishment fit the crime? We’re certain there will be many points-of-view on these subjects.

Don’t think that your teen has to be charged with a serious crime to warrant the services of an experienced Utah juvenile defense attorney. Anytime a juvenile is charged with an offense, he deserves to have his own legal representation. Call a top Utah juvenile defense attorney today.

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Utah Teen Arrested for Investigation of Armed Robbery

Apr
25
Simms, on the topic of  Violent Acts
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A 15-year-old Utah teen is a suspect in an armed robbery that took place at a Holladay jewelry store over a year ago.

Photo: Beatrice Murch

The Heist

The juvenile is being investigated for his role in the heist that took place in March 2012, when two men allegedly entered a jewelry store carrying guns. Two customers were hurt during the robbery and an undisclosed amount of jewelry was stolen.

Police believe that the Utah teen was accompanied by an African-American male who is still at large. Another person, a woman, has been booked into jail for investigation of obstruction of justice. The Utah teen is currently in the Salt Lake Valley Detention Center.

Where Will the Utah Teen End Up?

It isn’t known at this time whether the teen, if he ends up being charged with armed robbery, will be helped in juvenile court or will have his case transferred to adult district court. If he does find himself in district court, he may be charged with aggravated robbery, which is a first degree felony.

In Utah, the penalty for committing and being found guilty of a first degree felony can be five years to life in prison. On the other hand, a teen who is found guilty of committing an offense in juvenile court will still have serious consequences, but they won’t include spending time in the state prison.

If you have a child in need of legal help, contact a Utah juvenile defense attorney today. A Utah teen doesn’t need to have committed a serious crime to benefit from having a private attorney. It’s in your child’s—and your—best interests to have experienced legal representation to make sure that his rights and needs are protected.

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Utah Teens Charged with Murder in District Court

Apr
11
Simms, on the topic of  Violent Acts
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Two Utah teens have been charged with first degree felony murder in a case that has surprised local authorities.

Photo: Jim Trodel

Why Adult Court?

The two 16-year-olds’ cases will be handled in adult court, a move that doesn’t happen regularly in Utah. Utah teens are usually adjudicated in juvenile court, but there are certain crimes that can be remanded to district court if the circumstances seem appropriate.

Another Charge

The teens have also been charged with obstruction of justice, which is a second degree felony. The two young men are accused of being involved with the death of a man whose body was discovered in the Colorado River last weekend. The man appeared to have been shot, although the exact cause of death isn’t publicly known at this point in time.

When a youth is found guilty of committing an offense in juvenile court, he may: serve time in a detention facility, have work hours to accomplish or other consequences placed upon him. However, when a teenager is tried in district court, he will be treated as an adult and could find himself serving a lengthy prison sentence if found guilty of a crime.

Penalty for Murder

A person convicted of first degree felony murder in Utah is required to serve an indeterminate prison sentence of at least 15 years and as long as life; a judge doesn’t have the authority to reduce the sentence to anything lower than a minimum of 15 years.

These two Utah teens are in a tough spot; hopefully they have consulted with a Utah criminal defense attorney who has experience handling murder cases.

Help Your Child by Hiring the Right Attorney

For most legal situations involving kids, however, it’s a good idea to talk to a Utah juvenile defense attorney as soon as possible. Hiring an attorney who is skilled in helping juveniles may be the best way to help your son or daughter in their court case.

Don’t just hope that things will turn out for the best for your child. Contact a Utah juvenile defense attorney today.

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Utah Juvenile Stabs Mother

Dec
13
Simms, on the topic of  Juvenile Defense Misc, Violent Acts
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A 16-year-old Utah juvenile girl is being questioned following an incident where she allegedly stabbed her mother multiple times.

Photo: Chris Davis

It’s reported that the incident followed an argument between the girl and her mother; the mother apparently received surgery but is expected to recover. It is also believed that the Utah juvenile will be booked into juvenile detention.

Aggravated Assault

It’s possible that the girl will be charged with the offense of aggravated assault. When a person commits assault and uses a dangerous weapon, he can be charged with aggravated assault. If a victim is seriously injured, the charge is usually a second degree felony. Keep in mind, however, that Utah juveniles are usually charged with an offense as opposed to a crime.

While this offense is serious, kids often make mistakes that they wouldn’t make as an adult. When tempers flare, situations can easily get out of hand. Even though this Utah juvenile may have committed an error, it doesn’t mean she can’t be helped.

Let a Utah Juvenile Defense Attorney Help your Child

If your child has been charged with any offense, don’t wait to contact a Utah juvenile defense attorney. When kids are charged with juvenile offenses, they need and deserve to have expert legal representation. Don’t assume that just because they’re kids they’ll automatically be treated fairly.

Make the right decision and call a Utah juvenile defense attorney today. Look for an attorney who has experience in defending juveniles and who is successful. Hiring the right attorney immediately may help your child’s case resolve in the best way possible and may also be the best choice you can make, both for your child and your entire family.

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Utah Teen Charged with Murder

Sep
20
Simms, on the topic of  Juvenile Defense Misc, Violent Acts
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A Utah teen has been charged with first degree felony murder after he allegedly shot his stepfather in the head and the man died as a result of his wounds.

How Can a Juvenile Be Charged as an Adult?

The teen is now facing murder charges in district court. It can be fairly complicated to have a juvenile charged as an adult in Utah. First, the prosecution has to ask the juvenile court for a hearing to consider the request to have the juvenile tried as an adult. Then, a juvenile court judge must agree to turn the case over to district court.

Possible Punishments

When a juvenile is tried as an adult, he is subject to any punishment that would normally only be available to someone 18 years old or older. If a juvenile is found guilty of murder in juvenile court, the maximum sentence he can receive is spending time in detention until he’s 21 (in addition to any other consequences imposed by the court).

Juvenile Court or District Court?

Whether or not it’s right to try a juvenile as an adult is a difficult question, with people on both sides of the discussion. Some people believe that treating a child as an adult may increase the chances of that child continuing a life of crime, while others may think that certain crimes deserve strong punishments regardless of the person’s age.

If you have a child involved in the criminal justice system, it’s vital that you discuss his case with a Utah juvenile defense attorney. Some kids are particularly troubled, while others just make mistakes that need gentle correction. Don’t leave your child’s future to chance. Contact a Utah juvenile defense attorney today and help your child get back on the right track.

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Teen Convicted of Attempted Murder

Jul
19
Simms, on the topic of  Juvenile Defense Misc, Violent Acts
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A Florida teen was recently convicted of attempted murder in a case where he allegedly tried to beat another teen to death, using steel toed boots as a weapon. The two teens had exchanged various unpleasant texts before the incident, apparently insulting each other and using vulgarities.

Photo: Zach Zupancic

Mental Illness a Factor?

Experts on both sides of the case agreed that the young man was suffering from post-traumatic stress disorder (PTSD) following his brother’s suicide some months before. However, the jury agreed with the prosecution’s assertions that the teen knew right from wrong and was fully aware of his actions when he sought out the victim two years ago.

The defense counsel has expressed concern about the legal system’s inability to properly take care of mentally ill teens. He noted that the defendant will be appealing the jury’s decision.

Prisons and Mental Illness

Mental illness can be complex and difficult to treat, and it does seem that the typical prison scenario does not allow for the type of help many mentally ill convicted criminals need. The teen in this case of attempted murder could be sentenced to up to 50 years in prison—a long time to go, possibly without receiving the care he needs.

Hiring a Utah Juvenile Defense Attorney

All juveniles need competent, experienced legal defense as much as an adult. If your child is facing any criminal charges, whether as a juvenile or in district court, make sure that you contact a top Utah juvenile defense attorney as soon as possible. An attorney can also put you in touch with mental health professionals, if need be. Make that important call today.

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Juvenile Mandatory Life Sentences

Jul
05
Simms, on the topic of  Juvenile Defense Misc, Violent Acts
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Last week the United States Supreme Court ruled that mandatory life sentences for juveniles are unconstitutional and essentially violate the Eighth Amendment to the United States Constitution.

Photo: Phil Roeder

What is the Eighth Amendment?

The Eighth Amendment reads:

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Supreme Court’s Opinion

In its Opinion regarding Miller v. Alabama and Jackson v. Hobbs, the Supreme Court noted that the sentencing authorities in both cases did not have any discretion to impose a punishment other than mandatory life sentences in prison without the possibility of parole. The laws in each state involved mandated that the juveniles, who were convicted of murder, would have to die in prison even if the judge and/or jury felt that another punishment would be more appropriate, such as life in prison with the possibility of parole.

The Supreme Court holds “that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile offenders” (taken directly from the Court’s Opinion). The Court goes on to say that they are not prohibiting a judge or jury from giving a life sentence in a homicide case, but they are requiring that the sentencer take into account the differences in children and the type of sentence that is appropriate for each juvenile offender.

Just because a child commits a terrible crime doesn’t mean that he is forever beyond the reach of amendment. Mandatory life sentences are not always the best choice for a juvenile offender. It’s good that the Supreme Court noticed that children should be treated appropriately for their age and circumstances.

Contact a Utah Juvenile Defense Attorney

If your child is involved in current juvenile court proceedings or has been sentenced to prison, you should immediately contact a Utah juvenile defense attorney. It’s vital that every child accused of a crime be represented by a top attorney who has the juvenile’s best interests at heart.

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Utah Teen Pleads Guilty to Manslaughter

Jun
28
Simms, on the topic of  School, Violent Acts
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A young Utah man who was just 16-years-old when he shot and killed a fellow Kearns High School student has pleaded guilty to a reduced charge of manslaughter.

Photo: kcds TM

The now 19-year-old has spent the last three years in custody while awaiting trial. His attorney and the prosecutors recently agreed on a plea deal, which includes a promise from the prosecution that they will recommend the manslaughter charge be reduced to a third-degree felony at the young man’s sentencing hearing in August. Manslaughter is normally charged as a second-degree felony. As part of the plea agreement, prosecutors dropped the other charges against the teen.

Reports indicate that the teenager may not have been trying to kill anyone when he fired his gun in the victim’s direction. Nevertheless, the suspect’s attorney agreed that a life was taken and his client was the one with the gun.

The defense attorney will not make a request that his client be credited for time served at the August sentencing. However, he is free to ask the Utah Board of Pardons and Parole for that consideration.

This case is an excellent example of why all juveniles charged with a crime should be represented by a Utah juvenile defense attorney. The young man in question was facing a murder trial, and now will serve a maximum of five years in prison if the court grants the third-degree felony change request.

Everyone deserves legal representation and kids are no exception. In many cases juveniles can make positive changes in their lives and don’t need excessive confinement. If your child is in legal trouble, take the time to contact a Utah juvenile defense attorney.

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Troubled Teen Steals Car—Utah Woman Killed

May
24
Simms, on the topic of  Violent Acts
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A troubled teen recently escaped from a Utah youth facility and eventually ended up causing a car crash that ended with a Utah woman’s death.

Photo: Andy Rusch

The 17-year-old somehow was able to walk away from the Provo Canyon School, a facility for troubled teens. He allegedly spent part of the next few hours breaking into someone’s house and stealing a car.

Breaking and Entering

When a Provo man returned to his home, he stated that he knew something was wrong. Things were out place, and then he heard a noise coming from upstairs. When he went up to his bedroom, he found the teen. After some calm discussion, the teen left the home and the homeowner called police.

Before law enforcement could arrive, the young man took off. At some point, he found an unlocked SUV with the keys in it. Police had been alerted to the theft, and when the car was spotted officers attempted to pull it over.

The teen kept driving and tried to evade police, eventually reaching a speed of 100 mph, police believe. The young man ran into the back of another car, with the impact killing the passenger and sending the driver to the hospital.

Investigation

The troubled teen was booked into a local detention center while he’s being investigated for manslaughter, vehicle theft and burglary.

Since the young man is still a juvenile, his name has not been released. Except under specific circumstances, cases involving minors are normally first filed in juvenile court. Even though this case involved a death, it will not necessarily go to adult district court.

Contacting a Utah Juvenile Defense Attorney

Regardless of the charges a troubled teen is facing, he should always be represented by an experienced Utah juvenile defense attorney. Let a top attorney handle your child’s legal difficulties while you help take care of his other needs. Make that important call today.

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Update on Teen Involved in Utah School Bomb Plot

Apr
05
Simms, on the topic of  Violent Acts
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We recently told you about a Utah teenager who was arrested after authorities discovered his alleged involvement in a bomb plot to destroy Roy High School. Joshua Hoggan is currently on home detention while being monitored electronically.

Photo: Mindsay Mohan

A hearing will be held in two weeks before a judge to review Hoggan’s current situation and see if he can have certain restrictions lifted.

Bomb Plot a First-Degree Felony

Hoggan has been charged in juvenile court with one first-degree felony count for use of a weapon of mass destruction. According to text messages, Hoggan and another young man were planning to bomb the high school during an assembly and then make their escape. The other individual has been charged with the same felony in district court as he is 18 years old.

Potential Consequence to Juvenile Delinquent

The biggest consequence a youth can face when he is tried in juvenile court is to be remanded to detention until he reaches the age of 21. Keep in mind that according to the State of Utah, when a youth is tried in juvenile court he is considered to be a delinquent, not a criminal.

That is good news for lots of kids who make mistakes but are not beyond the reach of amendment. Many youth fall into the category of being thought of as a criminal, when they are actually confused and trying to find their place in life.

Hiring a Utah Juvenile Defense Attorney

Do you have a child who is facing charges in juvenile court? Don’t wait and hope for a positive outcome without consulting a Utah juvenile defense attorney. All youth deserve the opportunity to be represented by a top attorney who has the child’s best interests at heart. You might assume that the juvenile justice process will appropriately sort things out, but we all know what happens when you “assume” something.

Help your child today by contacting a Utah juvenile defense attorney.

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