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Criminal Defense Lawyer Herriman Utah

Criminal Defense Lawyer Herriman Utah

Utah criminal law is complex. If you have been charged with a crime, never attempt to self represent yourself in a court of law. Always hire the services of an experienced Herriman Utah criminal defense lawyer.

A person acts “purposely” with respect to a result if his or her conscious object is to cause such a result. This is a demanding requirement that is often difficult to prove. The offense of indecent exposure, for example, requires more than showing that the defendant exposed himself or herself to another, knowing that it would alarm the person; it must be proved that the conduct was motivated by a desire to gain sexual gratification or arousal by the conduct. Doing it just to annoy or alarm the victim would not satisfy the offense’s gratification purpose requirement, even if the offender did experience unplanned for gratification.

Purposely versus Knowingly

A person acts “purposely” with respect to a result if it is his or her conscious object to cause the result. A person acts “knowingly” with respect to a result if it is not his or her conscious object, but he or she is practically certain that the conduct will cause that result. An antiwar activist who sets a bomb to destroy a draft board’s offices may be practically certain that the bomb will kill the night watchman, but may wish that the watchman would go on a coffee break so that he would not be killed. The essence of the narrow distinction between these two culpability levels is the presence or absence of a positive desire to cause the result; purpose requires a culpability beyond the knowledge of a result’s near certainty. In the broader sense this distinction divides the vague notion of “callousness” from the more offensive “maliciousness” or “viciousness.” The latter may simply be an aggressively ruthless form of the former.

Knowingly versus Recklessly

A person acts “knowingly” with respect to a result if he or she is nearly certain that his or her conduct will cause the result. If he or she is aware only of a substantial risk, he or she acts “recklessly” with respect to the result. The narrow distinction between knowledge and recklessness lies in the degree of risk—“practically certain” versus “substantial risk”— of which the defendant is aware. The distinction between recklessness (and lower levels of culpability) and the two higher levels of culpability (purposely and knowingly) is that we tend to scold a reckless person for being “careless,” while we condemn an offender who falls within one of the higher culpability categories for “intentional” conduct.

Purpose as Independent of Likelihood

While knowing and reckless culpability focus on the likelihood of causing the result— “practically certain” versus “substantial risk”— purposeful culpability pays no regard to the likelihood of the result. This characteristic of the purpose requirement reflects an instinct that trying to cause the harm, whatever the likelihood, is more condemnable than acting with the belief that the harm will or might result without desiring it. The practical effect of this is that reckless conduct, as manifested in risk taking, can be elevated to purposeful conduct if the defendant hopes that the risk will come to fruition. This characteristic of purpose also illustrates how specially demanding it is. A requirement of a particular belief is something a jury might logically deduce from other facts: the defendant “must have known” the certainty or the risk of harm if he or she knew this fact or that. A purpose requirement requires the jury to determine a defendant’s object or goal, a somewhat more complex psychological state. To find this, a jury may have to dig deeper into the defendant’s psyche and his or her general desires and motivations to reach a conclusion. If a jury is conscientious in adhering to the proof-beyond-a-reasonable-doubt standard constitutionally required for offense elements, this may be a difficult conclusion to reach.

Recklessly versus Negligently

A person acts “recklessly” with respect to a result if he or she consciously disregards a substantial risk that his or her conduct will cause the result; he or she acts only “negligently” if he or she is unaware of the substantial risk but should have perceived it.16 The recklessness issue focuses not on whether he or she should have been aware of the risk, but instead on whether he or she was, in fact, aware (and whether it was culpable for him or her to disregard the risk).

Recklessness as Conscious Wrongdoing

The narrow distinction between recklessness and negligence lies in the defendant’s awareness of risk. The difference between negligence and the three higher levels of culpability is one of the most critical distinctions in U.S. criminal law. A person who acts purposely, knowingly, or recklessly is aware of the circumstances that make his or her conduct criminal or is aware that harmful consequences may result and is therefore both blameworthy and deterrable. A defendant who acts negligently, in contrast, is unaware of the circumstances or consequences and therefore, some writers argue, is neither blameworthy nor deterrable. Although writers disagree over whether negligence ought to be adequate to support criminal liability, it is agreed that negligence represents a lower level of culpability than, and is qualitatively different from, recklessness in that the negligent person fails to recognize, rather than consciously disregards, the risk. For this reason, recklessness is considered the norm for criminal culpability, while negligence typically is punished in American jurisdictions only in exceptional situations, such as where a death is caused.

Negligence as Normative Assessment

A person who fails to appreciate the risk that his or her conduct will cause a result is “negligent” with regard to the result if the failure “involves a gross deviation from the standard of care that a reasonable person would observe in the actor’s situation.”17 Thus, unless he or she grossly deviates from the standard of care that a reasonable person would observe, a person is not negligent and, at least in the eyes of the criminal law, is without cognizable fault. If a person is not aware of the risk of death, should he or she have been? Would a reasonable person in his or her situation have been aware that a risk of death existed? Was his or her failure to perceive the risk a gross deviation from the attentiveness to the possibility of risk that the reasonable person in his or her situation would have had? These are the issues that a jury considers in assessing whether the person ought to be liable for negligent homicide. They are not factual but rather normative issues. The jury is asked to judge whether the person’s failure to perceive the risk was, under the circumstances, a blameworthy failure.

Negligently versus Faultlessly

Liability imposed for faultless conduct is termed absolute or strict liability. The distinction between negligence and strict liability focuses on whether the defendant’s unawareness of the risk constituted a failure to meet the standard of the reasonable person. The broader distinction between the four categories of culpability and faultlessness is the distinction between a blameworthy and a blameless defendant. The objections to strict liability stem from an understandable reluctance to punish conduct that is not unreasonable.

Concurrence Requirement

When an offense definition requires a particular level of culpability for a particular element, it means that the required culpability for the element must exist at the time of the conduct constituting the offense. This concurrence requirement, as it is called, reflects the law’s interest in judging the culpability of the act rather than the general character of the defendant. The required concurrence between act and culpability is implicit in the Model Penal Code’s culpability definitions. It is neither necessary nor sufficient that the culpability exist at the later time of the result of the conduct. Changing one’s mind after setting a bomb, for example, does not bar liability for deaths caused by the blast, even if the intent to kill no longer exists at the time the bomb explodes or the victims die.

Doctrines of Imputation

Typically a person is liable for an offense if and only if the person satisfies the elements of an offense definition. There are two exceptions to this rule. First, a person may be liable for an offense even though he or she does not satisfy all offense elements, if a rule or doctrine imputes the missing element. Second, a person may escape liability even though the person does satisfy the elements of an offense, if he or she satisfies the conditions of a general defense.

Complicity

Complicity is not an offense in itself, as are conspiracy and solicitation for example. Rather, it is a theory of liability by which an accomplice is held liable for an offense committed by the perpetrator.21 An offense definition typically requires that the person have performed certain conduct, but a person may be held liable for the offense, although the person has not performed the required conduct, if he or she is legally accountable for the actual perpetrator’s conduct. At common law, complicity liability required that the accomplice assist the perpetrator in committing the offense. The assistance need not be necessary for successful commission of the offense, nor need it be substantial. Indeed, the accomplice need not assist in a physical sense at all; encouragement is recognized as a form of assistance.

Voluntary Intoxication

Just as a variety of rules and doctrines can impute an unsatisfied objective element of the offense charged, another group of doctrines can impute a required culpability element. The most common of these doctrines governs cases of voluntary intoxication. Even though a person does not have the awareness of risk required by the offense definition, for example, the required recklessness can be imputed to him or her by the voluntary intoxication rules.22 Because the person voluntarily intoxicated himself or herself, the reasoning goes, he or she can properly be treated as if he or she had the awareness of risk that he or she would have had if he or she had not intoxicated himself or herself at all.

Another doctrine that can impute a culpable state of mind is the doctrine of transferred intent, which imputes the required culpability to a person who intends to harm one person but actually harms another. Imputation also is accomplished through a device that may be termed substituted culpability. This doctrine uses a person’s culpability for the offense the person thought he or she was committing as the basis for imputing to the person the intention required for the offense actually committed. Thus a person who commits statutory rape but who, because of his mistake about the true identity of his partner, believes that he is instead committing incest can nonetheless be held liable for statutory rape. His missing culpability with respect to his partner being underage is imputed to him on the grounds that he thought that he was committing another offense, namely, incest. His intention to commit incest is transferred to satisfy the intent required for statutory rape. Another doctrine of imputation is apparent in those cases where courts permit suspension of the requirement of concurrence between act and intent: a person’s earlier intention to commit an act that the person believes is the offense, but is not, is relied on to impute the required intention during the later conduct that actually constitutes the offense. Finally, as with objective elements, a variety of statutory and judicial presumptions effectively impute culpability elements upon proof of a logically related fact.

Corporate Criminal Liability

Because an organization can neither act nor think except through its agents and officers, it cannot satisfy the elements of an offense except through imputation. Thus, if criminal liability for organizations is to be provided, the criminal law must specify the rules for imputation of conduct and culpability to an organization. Liability is permitted where the offense consists of an omission to perform a specific duty imposed on the organization by law. This requires no imputation and no application of special rules for liability, because liability follows directly from an organization’s failure to perform the affirmative duty placed on it by relevant legislation.

If you are charged with a criminal offense, speak to an experienced Herriman Utah criminal defense lawyer.

Herriman Utah Criminal Defense Attorney Free Consultation

When you need help with defending against a criminal charge in Herriman Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

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Herriman, Utah

From Wikipedia, the free encyclopedia
 
Herriman, Utah
Unified Fire Authority Station 103, located on Main Street

Unified Fire Authority Station 103, located on Main Street
Location in Salt Lake County and the state of Utah.

Location in Salt Lake County and the state of Utah.
Coordinates: 40°30′24″N 112°1′51″WCoordinates40°30′24″N 112°1′51″W
Country United States
State Utah
County Salt Lake
Settled 1851
Incorporated 1999
Became a city April 19, 2001
Founded by Thomas Butterfield
Named for Henry Harriman
Government

 
 • Type Mayor-Council
 • Mayor Lorin Palmer[2]
Area

 • Total 21.63 sq mi (56.03 km2)
 • Land 21.63 sq mi (56.03 km2)
 • Water 0.00 sq mi (0.00 km2)
Elevation

 
5,000 ft (1,524 m)
Population

 (2020)
 • Total 55,144[1]
 • Density 2,549.42/sq mi (984.19/km2)
Time zone UTC-7 (Mountain)
 • Summer (DST) UTC-6 (Mountain)
ZIP code
84096
Area code(s) 385, 801
FIPS code 49-34970[4]
GNIS feature ID 1428675[5]
Website http://www.herriman.org

Herriman (/ˈhɛrɪmən/ HERR-ih-mən) is a city in southwestern Salt Lake CountyUtah. The population was 55,144 as of the 2020 census.[1] Although Herriman was a town in 2000,[4] it has since been classified as a fourth-class city by state law.[6] The city has experienced rapid growth since incorporation in 1999, as its population was just 1,523 at the 2000 census.[7] It grew from being the 111th-largest incorporated place in Utah in 2000 to the 14th-largest in 2020.

Herriman, Utah

About Herriman, Utah

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Reviews for Ascent Law LLC Herriman, Utah

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John Logan

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We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.

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I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!

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Anthony Ziegler

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This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need.  My sister needed bankruptcy and I needed divorce.  Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!

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Thomas Parkin

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Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.

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Yeran Merry

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I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with.  They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most.  When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.

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About the Author

People who want a lot of Bull go to a Butcher. People who want results navigating a complex legal field go to a Lawyer that they can trust. That’s where I come in. I am Michael Anderson, an Attorney in the Salt Lake area focusing on the needs of the Average Joe wanting a better life for him and his family. I’m the Lawyer you can trust. I grew up in Utah and love it here. I am a Father to three, a Husband to one, and an Entrepreneur. I understand the feelings of joy each of those roles bring, and I understand the feeling of disappointment, fear, and regret when things go wrong. I attended the University of Utah where I received a B.A. degree in 2010 and a J.D. in 2014. I have focused my practice in Wills, Trusts, Real Estate, and Business Law. I love the thrill of helping clients secure their future, leaving a real legacy to their children. Unfortunately when problems arise with families. I also practice Family Law, with a focus on keeping relationships between the soon to be Ex’s civil for the benefit of their children and allowing both to walk away quickly with their heads held high. Before you worry too much about losing everything that you have worked for, before you permit yourself to be bullied by your soon to be ex, before you shed one more tear in silence, call me. I’m the Lawyer you can trust.