Archive for the ‘Violent Acts’ Category

Teen Injured in Possible Utah Gang Related Stabbing

Simms, on the topic of  Violent Acts
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A West Valley City junior high school student was stabbed in the neck during a recent attack by older teens who may be involved in gang related activities.

Photo: born1945

According to reports, the 13-year-old boy was walking home from school with friends when a vehicle pulled up and some older kids got out and approached the younger teens. The junior high kids ran away, but one boy wasn’t able to escape. The boy reportedly had a broken hand and other less serious injuries after the attack in addition to the wound in his neck. The attack may have been a gang reaction to colors the younger teens were wearing.

Law enforcement was able to track down the car and its occupants who were allegedly involved in the attack. Three people in the car were apprehended and taken in for questioning.

Gangs can be dangerous groups, for both the members and general population as well. Last November we covered some of the reasons people join gangs and good reasons not to join a gang. Parents and guardians can have a positive influence in kids’ lives if they take the time to be involved in what their kids are doing and who they’re hanging out with. Know who your kids spend their time with. Your children may think you’re nosy, but in the long run they’ll likely appreciate your concern and be less likely to turn to a gang for friendship.

If you have a child who’s been involved in any type of criminal activity, whether gang related or not, don’t wait to contact a Utah juvenile defense attorney. It’s important that every person take responsibility for his actions, but there may be extenuating circumstances when a kid is arrested for a crime. An attorney who is experienced in juvenile court issues will be an important resource in your child’s case. Let a Utah juvenile defense attorney be your child’s advocate during what could be the turning point in his life.

Cruelty to Animals a Felony

Simms, on the topic of  Violent Acts
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A recent rash of decapitated cats has police in one Utah city wondering who is responsible and why they would decide to exhibit such extreme cruelty to animals.

Photo: Masatsu

The Clearfield Police are currently investigating the matter. One person reported seeing someone who appeared to be a teenage boy using a knife to cut a cat’s head off. Police don’t know if this case involving decapitated cats is simply cruelty to animals or religious-oriented. Law enforcement noted that there was a case not too long ago involving a man and human skulls, and that situation turned out to involve a religious ritual, so the man was not prosecuted.

Under the Utah Code, a person is guilty of aggravated cruelty to animals if he tortures or kills an animal without having the legal privilege to do so. If a person intentionally or knowingly commits aggravated cruelty to animals, that person is guilty of a class A misdemeanor, which carries a potential jail time of up to one year. On the other hand, if the person knowingly or intentionally tortures a companion animal, which includes cats and dogs, that individual will likely be charged with a third-degree felony.

Regardless of the charge, as long as a child isn’t tried as an adult, he will be adjudicated within the juvenile justice system. As we’ve mentioned before, the Utah juvenile justice system is focused on a youth’s best interest and the possibility of rehabilitation, not like the punitive-based adult system.

Rest assured that when you consult an experienced Utah juvenile defense attorney, you and your child will be able to better navigate the complex juvenile court system. Take time today and contact an attorney so that you can get your questions answered.

Appeal of Utah Juvenile Court Decision

Simms, on the topic of  Utah Law, Violent Acts
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The Utah Court of Appeals recently reviewed a case appealed from a Utah juvenile court decision, A.H.F. v State of Utah. Utah juvenile court cases do not identify the name of the individual, so he is referred to “A.H.F.” This case involves a now 17-year-old young man who was 14 at the time of the incident he was allegedly involved in.

Photo: Walknboston

The Background

Early in 2009, A.H.F. and some adult companions allegedly decided to attempt to rob a drug dealer of $1500 they believed he had in his possession. They robbed and kidnapped the drug dealer, supposedly telling him that he would need to get them more money if he wanted to live. The victim contacted a friend and the two decided to rob another drug dealer. Instead, A.H.F. and his companions ended up kidnapping the friend and robbing him as well.

At some point, the juvenile and the other alleged kidnappers decided that the friend had too much knowledge of what they had done and that he needed to be taken care of. The friend and the drug dealer were driven to an empty golf course where it is alleged that A.H.F. fatally shot the friend. After a few other robberies, the drug dealer was able to escape and tell the police that A.H.F. was the gunman in the murder. The juvenile was charged with aggravated murder, among other charges.

A.H.F. v State of Utah

The appeal in A.H.F. v State of Utah came about because of a question by the defendant concerning the admissibility of hearsay evidence at A.H.F.’s Utah juvenile court certification hearing. The juvenile court remanded A.H.F. to district court, basing some of their reasoning on the hearsay evidence presented in a juvenile department report. The Court of Appeals decided that consideration of the hearsay evidence violated a rule of the Utah Rules of Juvenile Procedure and sent the case back to Utah juvenile court.

If a juvenile’s case goes to district court, that juvenile will be treated as an adult. When a juvenile’s case is adjudicated within Utah juvenile court, he can only be placed in juvenile custody until he turns 21, at which point he will be freed.

It is extremely important to have a Utah juvenile defense attorney guide your child through any proceedings, regardless of the nature of the alleged crime. An attorney will assist your child by insuring that the rules of law are followed by all parties involved in the case. Don’t wait until it’s too late; contact a Utah juvenile defense attorney today.

Serious Youth Offender Procedures in Utah

Simms, on the topic of  Utah Law, Violent Acts
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Many people think that if you commit a crime and you’re younger than 18, you get the benefit of juvenile court, which focuses on helping young people, providing treatment instead of punishments, and is much more private than adult court.

For the most part that is true. But, there are certain serious crimes that can catapult a youngster 16 years old or older into the adult court system and even land a juvenile in prison.

For example, a juvenile who commits the following felonies may be legally classified as a serious youth offender:

• aggravated arson
• aggravated assault, involving intentionally causing serious bodily injury to another
• aggravated kidnapping
• aggravated burglary
• aggravated sexual assault
• felony discharge of a firearm
• attempted aggravated murder or
• attempted murder

A juvenile could also be considered a serious youth offender if the juvenile has previous convictions involving dangerous weapons.

If the prosecutor files a serious youth offender case against a juvenile, there will be hearing in juvenile court that is just like a preliminary hearing in district court. Only, the stakes are high for a juvenile because the results could be a trip to adult court. If the state proves to the juvenile court judge that there is evidence to support the state’s case against the juvenile, the law requires the juvenile judge to order that the juvenile be bound over and held pending trial in district court.

In other words, a juvenile could be treated just as if an adult had committed the same crime—with a few exceptions.

If you have a young person in your life that is facing a serious youth offender problem, you need competent legal help right away. A good defense attorney might be able to stop the juvenile from landing in adult court. For example, there may be arguments to keep the youth in juvenile court, such as:

• the juvenile was less culpable than other co-defendants or participants in the crime
• the juvenile has no prior convictions involving the use of dangerous weapons; or
• the juvenile’s role in the offense was not committed in a violent, aggressive or premeditated manner

These are just some of the arguments that a good defense attorney could make to keep a juvenile out of adult court. It is important to contact a Utah juvenile defense attorney immediately if your child has been charged with any crime, whether a felony or misdemeanor. An attorney will be able to explain the justice system process in more detail and help ensure that your child is treated fairly and appropriately.

Gangs in Utah are Alive and Well

Brooke, on the topic of  Juvenile Defense Misc, School, Utah Law, Violent Acts
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         It may seem as if Utah does not have a gang problem because gangs are not as visible as they once were but this could not be further from the truth. At any given time, Salt Lake City has more than 50 active documented gangs with memberships reaching 3,000.

Gang life can be very attractive to Salt Lake’s youth many who enter a gang in their early teens in order to gain the acceptance they may be lacking in other areas of their life. There are several ways to enter a gang. One can be born into the life, jumped in or commit a crime in order to gain membership. One of the crimes frequently committed to gain membership is home invasion robberies carrying with it serious legal consequences for the individual and threat of harm to the innocent home owner.

According to the FBI, warning signs of gang membership include admitting to being in a gang, hanging out with know gang members, declining school attendance, performance, behavior, withdrawing from family life, carrying a weapon, displaying unusual hand signals with friends and trouble with the police.

Although gangs can attract members from all socio-economic backgrounds, the Salt Lake Metro Gang Utah indicates that many are coming from the Tongan community with a Tongan gang ranking third largest in the area. Recently six Tongan Crip Gang members were convicted in U.S. District Court on racketeering, assault, carjacking and weapons charges stemming from a series of robberies spanning five years.

12 Year Old Boy Faces Life in Prison for Murder

clayton, on the topic of  Utah Juvenile Videos, Violent Acts
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A 12 year old boy accused of killing his Father’s pregnant fiance, could become one of the youngest Americans to face life in prison.

Utah Teen in Juvenile Detention for Gun Crime

Simms, on the topic of  Violent Acts
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Utah’s Trolley Square, which was the location of a deadly shooting spree in 2007, was once again the scene of a gun crime this week. A 16-year-old apparently was looking for trouble when he tried to rob several people at gunpoint. The gun in question was actually an Air-Soft gun, but it resembled a real gun. The teen, who had been drinking with friends, approached different individuals and demanded money before eventually assaulting a man with the Air-Soft gun and stealing his money. The teen was found, arrested and sent to juvenile detention.

Photo: Rod Herrea

We’ve mentioned before that dangerous situations can arise when someone’s had too much to drink. Of course, teenagers aren’t supposed to have access to alcohol in the first place. That point aside, some kids are going to come into contact with alcohol and many of those kids are going to partake. Talk to your kids about alcohol and the many side effects that may occur when it is abused.

If you have a child who’s facing legal problems and possibly juvenile detention, don’t wait until it’s too late to get the advice of legal counsel. A Utah defense attorney can advise you of you and your child’s options, and he will be your advocate when dealing with law enforcement and the court. Many times there are mitigating circumstances that can only be handled by effective counsel.

Don’t try to navigate the juvenile court system on your own. Find out what is in the best interest of your child by making an appointment with an attorney today.

ASSAULT

Angela, on the topic of  Violent Acts
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An assault is an attempt with unlawful force or violence to do bodily injury to another person. If you have been charged with assault, you should consult an attorney to explain the elements of the assault charge that was brought against you and to discuss whether you have any viable defenses available to you. There are many defenses to a charge of assault; self-defense, reasonable discipline of a child, defending your home, property, or a third party.

Under a self-defense theory, you have a legal right to stand your ground and fight when you are attacked and you may meet force with equal force.

Reasonable discipline is defined by community standards and it will largely be left to the jury to decide if you acted reasonably under the circumstances.

Teens Sentenced to Life in Prison

Simms, on the topic of  Sex Crimes, Violent Acts
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The answer to whether teenagers who commit capital felony offenses should be sentenced to life in prison without the possibility of parole is different, depending on who you talk to. In 2007, a Utah jury sentenced Robert Cameron Houston to life in prison for the rape and murder of a Utah woman. At the time of the crime in 2006, Houston was a juvenile—only 17 years old. His counsel is currently appealing that sentence, calling the sentence cruel and unusual punishment for a then 17-year-old minor. Houston is the only juvenile in Utah to receive a life in prison sentence.

Photo: Bob Jagendorf

There are many questions that a judge and jury should consider when faced with this type of situation. Some research shows that a person’s tendency towards violence decreases with age. According to Utah Supreme Court Chief Justice Christine Durham, the jury in Houston’s case was not advised of this research.

As a juvenile or the parent of a juvenile facing serious criminal charges in Utah, you need to be fully aware of all the rights that you or your child has. One right is to have the best defense you can get. Juveniles make mistakes, and sometimes as a result of those mistakes, crimes occur. However, if it makes sense to you that rehabilitation might be the answer as opposed to be locking up a juvenile offender and throwing the key away, hire a qualified Utah juvenile defense attorney without delay. Your child’s future may depend upon your actions today.

Homicide/Murder by a Utah Juvenile

clayton, on the topic of  Violent Acts
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Homicide/Murder committed by a juvenile is almost always filed directly in adult District Court if the Utah juvenile is over 16 years of age. If the juvenile is under 16, but over 14 years of age the case will begin in the juvenile court and then move to the adult/District Court.

Homicide/Murder is defined as accidentally, or intentionally causing the death of another human being. Accidental and intentional cause of death can be defined as being the driver of a bank robbery, in which someone dies. Although they never shot anyone or went inside of the bank, a juvenile could be charged with felony murder. 

Homicide also includes causing the death of a human being through gross negligence. For instance, a person operating a vehicle while intoxicated may be charged with negligent homicide if they kill someone in an accident. Again, if a minor is older than 16, then the prosecutor can directly file charges against in adult court.