Facing criminal charges can be a daunting experience, especially if you have never been involved in the criminal justice system before. If you find yourself in such a situation in Clearfield, being charged with a crime does not necessarily mean you are guilty.
At our firm, we understand how stressful and uncertain this time can be. As such, we offer experienced legal representation to help you navigate this overwhelming process. Our team has years of experience handling various criminal cases and is well-equipped to advocate aggressively for your rights. We believe every person deserves a fair trial and will work with you to build a strong defense strategy from the outset. No matter what criminal charges you might be facing, whether it is a misdemeanor or a felony, our team is ready to help.
For a free case consultation with our criminal defense attorneys, contact Overson Law, PLLC at (801) 758-2287.
Practice Areas Our Criminal Defense Attorneys Provide Robust Defenses for in Clearfield, UT
In Clearfield, facing criminal charges can be a daunting prospect because of the potential for severe penalties and long-lasting impacts on one’s life and livelihood. That is why our criminal defense attorneys have spent decades defending individuals during one of the most challenging times of their lives. The following are practice areas that our team provides defense for in Clearfield:
Theft Charges
Theft charges encompass a range of offenses, from petty theft to grand larceny. Common defenses to theft charges include asserting a claim of right over the property in question, suggesting the defendant believed they had ownership or permission to use the property. Another defense is the return of property, which, while not always exculpatory, can sometimes mitigate penalties or lead to lesser charges.
Vandalism Cases
Defenses against vandalism, or criminal mischief, as it’s often termed, might focus on lack of intent or mistake. A defendant might argue they did not intend to cause damage or that any damage caused was accidental. Demonstrating a lack of malicious intent can be crucial. Additionally, mistaken identity or proving the defendant was not at the scene can be effective defenses.
Weapons Charges
When facing weapons charges, there are several defenses that a defendant can assert. One of the most common defenses is based on the Second Amendment of the United States Constitution, which guarantees the right to bear arms. However, this right is not unlimited and must be carefully balanced with state regulations.
Another possible defense is that the defendant did not know that they were in possession of a weapon. For example, they might have borrowed a bag or a vehicle from someone else without knowing that there was a gun inside.
Additionally, a defendant might argue that the weapon was carried or used in self-defense or defense of others. This defense typically requires the defendant to show that they reasonably believed that they or someone else was in imminent danger of death or serious bodily harm and that the use of the weapon was necessary to prevent that harm from occurring.
Assault Cases
Self-defense is one of the most commonly cited defenses in assault cases. The defense must show that the defendant reasonably believed they were in imminent danger of being harmed and used appropriate force to defend themselves. Depending on the circumstances of the case, the defense of others and the defense of property can also be asserted.
Drug Charges
Defenses to drug charges in Utah often involve challenging the legality of how the evidence was obtained, arguing that it was the result of an illegal search or seizure in violation of the Fourth Amendment. Other defenses might include lack of knowledge, meaning the defendant was unaware of the presence of drugs or that the drugs belonged to another person.
Disorderly Conduct
For disorderly conduct charges, common defenses include exercising the right to free speech as protected by the First Amendment, particularly in cases where the conduct involved public speaking or protest. Additionally, defendants might argue that their behavior did not rise to the level of being a public nuisance or that they were acting under duress.
DUI Charges
Defending against DUI charges in Utah often involves questioning the accuracy or legality of the sobriety testing procedures. Defendants might challenge the administration and reliability of field sobriety tests, breathalyzers, or blood tests. Another angle is to question the initial traffic stop’s legality, arguing it was made without probable cause.
Juvenile Crimes
Juvenile crimes in Utah are often approached with a focus on rehabilitation rather than punishment, reflecting the belief that minors have a greater capacity for change. Common defenses include arguing the minor lacked the capacity to understand the wrongfulness of their actions or was under the influence of adults or peers. Additionally, defense attorneys might negotiate for diversion programs that, if completed successfully, can result in the charges being dropped.
Murder Charges
Defenses against murder charges in Utah are heavily dependent on the specifics of the case but often include self-defense, defense of others, insanity (lacking the mental capacity to understand the nature of one’s actions), or accident (lacking intent to kill). In cases where intent is a key factor, proving that the death was unintentional can lead to lesser charges, such as manslaughter.
Parole Violations
Defenses to parole violations typically involve demonstrating that the violation was either not deliberate or the result of circumstances beyond the parolee’s control. Legal arguments might also focus on the proportionality of the response to the violation, advocating for continued parole under adjusted conditions rather than incarceration.
Probation Violations
Similar to parole violations, defenses for probation violations often hinge on the nature of the violation and the circumstances surrounding it. Demonstrating compliance with other terms of probation, showing that the violation was minor or unintentional, or proving extenuating circumstances can mitigate the consequences.
Arson Charges
Arson defenses can vary widely but often focus on proving the fire was accidental rather than intentional. Lack of motive, alibi evidence, and challenging forensic evidence linking the accused to the scene are common defense strategies. In some cases, mental health defenses, such as diminished capacity, might be relevant.
Sex Crimes Cases
Defenses in sex crimes cases often involve questions of consent, mistaken identity, or alibi. Given the severe social and legal consequences of sex crime convictions, defense strategies aggressively challenge the credibility of evidence and witness testimony while respecting the sensitivity of the allegations.
Terroristic Threats
Defending against charges of making terroristic threats involves scrutinizing the alleged threat’s content, context, and intent. Defenses might argue that the statements were not intended as threats, were taken out of context, or did not convey a real intention to cause harm. First Amendment protections might also be relevant, particularly if the defense can argue that the speech was protected and not a true threat.
Our Clearfield, UT Criminal Defense Lawyers Can Help
Call Overson Law, PLLC today at (801) 758-2287 to get your free case review with our criminal defense lawyers started.
