Brandishing a weapon is a popularly used term and it usually conjures up the image of a person waiving a firearm in the air and acting erratically. While the use of the word brandishing may inspire a clear picture in the mind of many it doesn’t really help identify conduct in a legal sense. A person acting in the manner described above may clearly be identified as brandishing but what about someone that just lifts up their sure to show someone else that they have a gun tucked in their pants, is that brandishing or not? Due to this ambiguity the legislature in Utah has titled the brandishing a weapon statute as ‘threatening with or using a dangerous weapon in a fight or quarrel.’
Brandishing a Weapon Conviction in Utah
To be convicted of Utah’s brandishing a weapon statute the prosecutor must show that the defendant drew or exhibited a dangerous weapon in an angry and threatening manner in front of two or more people or unlawfully used a dangerous weapon in a fight. If the prosecutor can show either of these things then the individual will be guilty of a class A misdemeanor. The statute also outlines a number of exceptions to this rule such as self defense, as well as stating that simply showing a firearm without additional behavior is not enough for a conviction.
Ogden Brandishing a Weapon Defense
If you have been charged with Utah’s brandishing a weapon offense and are unsure of your rights or whether or not your guilty then call the attorney’s at Ogden Criminal Defense today. Our lawyers can help you figure out what’s going on in your case and what your possible outcomes our no matter where you case is being heard whether its in Ogden, Farmington, Bountiful, or Logan. Call or email us today to find out more.
