Criminal Defense Lawyer South Salt Lake Utah

Criminal Defense Lawyer South Salt Lake Utah

There are different types of crimes. If you have been charged with a crime, don’t argue with the police officers arresting you. Tell them that you want to speak to your South Salt Lake Utah criminal defense lawyer.

Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner of the property. To secure a conviction for larceny, the government must prove the voluntary act (trespassory taking and carrying away) and the mental state (intent to permanently deprive). The government must also demonstrate that the property taken has value and was owned by a person other than the defendant. In other words, there must be specific evidence that the defendant intended to steal the property from the lawful owner, as opposed to borrowing it or taking it based upon a mistaken belief that the property is abandoned. To be convicted of larceny, the taking and carrying away must be trespassory, that is, without the owner’s consent. This means that the property must belong to someone other than the defendant, whether or not it is in the actual possession of the owner at the time of the taking. Whether property is truly abandoned or simply lost or misplaced is a matter to be determined by examining the circumstances of finding the property. If there is some indication of ownership either on the property or that could be reasonably inferred from the surrounding circumstances, then it is likely that the property has not been abandoned and the true owner can be located. In that case, a person who finds the property is required under most statutes to make a reasonable effort to restore the property to its rightful owner.

Intent to Permanently Deprive

The defendant, at the time of the trespassory taking and carrying away, must intend to permanently deprive the true owner of the property. This intent is also referred to as the intent to steal. Proving this intent typically involves examining the defendant’s conduct as it relates to the trespassory taking and carrying away of the property. If the defendant treats the property in a manner that is inconsistent with the true owner’s continued enjoyment and possession of the property, then that voluntary act provides strong circumstantial evidence of the defendant’s intent to permanently deprive the owner of continued possession and use of the property. The major issue that arises in these cases involves determining when the defendant’s voluntary act of taking and carrying away has progressed enough so that the intent to permanently deprive is sufficiently manifested.

Occasionally, when caught with the goods, shoplifters will immediately offer to pay for the items and may, in fact, have the financial ability to do so. However, once the intent to steal has been demonstrated (i.e., by concealing the property and/or exhausting the last opportunity to pay), a subsequent offer to pay cannot negate the intent. This means that once there is a voluntary act (a taking and carrying away of the property) combined with the mental state (intent to steal), the social harm sought to be avoided by the crime of larceny is complete. A subsequent offer to pay is insufficient to remove this social harm, but it may serve to mitigate the defendant’s punishment after conviction.

In some instances, a person may take property without the owner’s consent, but with the intent to use it temporarily and thereafter restore it to the owner. If at the time of taking, there is no intent to permanently deprive the owner of the property, then it would appear that the necessary intent for larceny is not present. However, the intent must be examined in the context of the intended “temporary” use of the property. If the person taking the property intends to treat it in a manner that will make its restoration to its lawful owner highly unlikely, then there may be sufficient circumstantial evidence of an intent to permanently deprive the owner of the property at the time of the taking. Such circumstances might include, for example, taking property without the owner’s consent and intentionally exposing it to dangerous or destructive circumstances.
Finally, a person may take property from another under the mistaken belief that he or she is entitled to take the property. For example, a person may take property with the mistaken belief that the owner has consented to the taking. In these situations, if the mistake by the taker is reasonable, it will negate any criminal intent to permanently deprive the owner of the property. The taking is simply an honest mistake. All of the surrounding circumstances must be evaluated, however, to determine if it was reasonable for the taker to have such beliefs with respect to the treatment of the property. If the beliefs are unreasonable, then the intent to steal may be established based upon the taker’s treatment of the property.

Commission

Evaluating whether the defendant has taken a substantial step toward the commission of a crime requires examining the defendant’s voluntary actions in furtherance of the criminal activity. The substantial step requirement ensures that the defendant is exhibiting a level of dangerousness to society sufficient to warrant punishment. Because the elements of each crime differ, the conduct required for a “substantial step” will change according to the elements of the crime. There are, however, several questions the judge or jury might consider when determining whether the defendant has taken a substantial step. One consideration is whether the defendant was within “dangerous proximity” of completing the crime. Dangerous proximity can mean close in time, geography or preparation to committing the crime. Another consideration might be the level of apprehension created by the criminal conduct. Theoretically, if the crime is of a very serious nature and involves a high level of danger, then there is a greater likelihood that the defendant will stop and reconsider before completing his criminal activities.

Accessory or Aiding and Abetting Liability

A person can be liable for the criminal conduct of another if he provides assistance before or during the commission of the crime. This type of criminal liability is referred to as accessory or aiding and abetting liability. If a person intends that a crime be committed and does something to encourage, promote or facilitate the commission of the crime, then according to the criminal law he is just as guilty as the person who actually commits the offense. A person who provides assistance to another is considered dangerous because, although he may not actually commit the offense, he has the necessary criminal intent and engages in some conduct that furthers the criminal activity. The criminal law punishes those who provide encouragement or assistance to others engaged in criminal conduct in an attempt to thwart the progress of criminal activity that depends upon the encouragement or assistance of others.

An accessory may be criminally liable for providing physical or verbal assistance or encouragement to another and may be liable without regard to whether he is present during the commission of the offense.

Knowledge of the Criminal Conduct

Before a person may be criminally responsible for the conduct of another person, he must have knowledge of the anticipated criminal conduct. Knowledge is usually based upon information provided by the person committing the offense. Knowledge of criminal activity may also be derived from being present at the scene of the crime. However, mere presence at the scene is not enough to impose criminal liability for the conduct of another. There must also be proof that the accessory had knowledge of the criminal conduct.

Before or During the Commission of the Crime

Liability for aiding and abetting the criminal conduct of another arises only if the assistance is knowingly provided before or during the commission of the crime. Thus, for every crime, liability for aiding and abetting will rest upon an initial determination as to when the crime is complete. Any assistance provided after the completion of the crime will be considered assistance after the fact and evaluated under a different criminal law standard.

Aiding and Abetting versus Conspiracy

Based upon the definition of conspiracy discussed earlier in this chapter, it would seem that anyone who provides assistance to another before or during the commission of a crime would also be considered a co-conspirator. Indeed, that is often the case. It is possible, however, to encourage or assist in the criminal conduct of another without a prior conspiratorial agreement.

Accessory After The Fact

If the criminal conduct is complete, any assistance provided at that point is considered assistance after the fact, and the person providing assistance is guilty as an accessory after the fact. Often, accessories after the fact provide assistance in concealing the crime or the fruits of the crime and intentionally hinder law enforcement efforts to investigate criminal conduct. Accessories after the fact, if convicted, can be held guilty of separate misdemeanor offenses and are not liable for the conduct of the person who actually committed the criminal offense. The actions of an accessory after the fact are not considered as serious or dangerous as the person who commits or facilitates the commission of the crime. Instead, an accessory after the fact is considered a threat to efficient and effective law enforcement. By taking affirmative steps to conceal crimes from authorities or hinder official criminal investigations, accessories after the fact are essentially committing a crime against the public authority.

To be liable as an accessory after the fact, the defendant must have knowledge of the completed criminal activity and do something to conceal or hinder law enforcement investigation of the crime. Mere knowledge of completed criminal activities is not enough because there is no legal obligation to report criminal conduct. But when a person has knowledge of criminal activities and takes affirmative steps to conceal them, then that person has committed a crime against the public by interfering with the efficient and effective investigation of criminal conduct.

One notable exception to accessory after the fact liability arises when family members are involved. Some statutes exempt family members from accessory after the fact liability. This exemption is due to the difficulty associated with proving that family members acted with the necessary knowledge and intent to conceal criminal activity as opposed to simply engaging in innocent family activities. For example, the parents of a teenager who returns to the family home after committing an armed robbery would probably not be considered accessories after the fact to the teen’s crime. Presumably, the parents are simply engaging in the innocent activity of allowing their son to stay in the family home rather than acting with the intent to conceal his criminal activities. In any event, there would be serious difficulties with attempting to establish the parents’ knowledge and criminal intent, given the nature of normal family interactions.

Conspiracy To Kill

Conspiracy is largely a crime of the mind, a meeting of the minds to commit a criminal act. At common law, the crime of conspiracy required only that there be an agreement to commit an offense, coupled with the intent that the offense be committed. However, because of the inherent difficulties with proving criminal intent when the crime is primarily mental in substance, modem statutes have added the requirement of an overt act.

The Crime Of Covering Up

A person may be responsible for the criminal conduct of another if he or she assists, encourages or facilitates that conduct with the intent that the crime be committed. As discussed in the section on aiding and abetting liability, the assistance or encouragement must occur prior to or at the time the crime is committed. Furthermore, the person providing assistance need not be present during the commission of the offense, as long as he or she has provided some assistance or encouragement with the intent that the crime be committed. Occasionally, however, some individuals provide assistance after the crime has been completed. Although such assistance is a criminal offense, it is considered quite different from assistance provided before or during the offense.

Your Right To Remain Silent

When the police arrest you for a crime, remain silent. Do not say thing to them even if they question you. Ask them that you be allowed to speak to your South Salt Lake Utah criminal defense lawyer. The lawyer will ensure that you don’t get convicted for a crime you never committed.

South Salt Lake City Utah Criminal Defense Attorney Free Consultation

When you need legal help to defend against criminal charges in Utah against you, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help with Misdemeanor Crimes. Felony Crimes. Assault. Battery. Theft Crimes. Grand Larceny. Drug Crimes. Sex Crimes. And More. 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

4.9 stars – based on 67 reviews


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South Salt Lake, Utah

 

From Wikipedia, the free encyclopedia
 
 
South Salt Lake, Utah
City of South Salt Lake
South Salt Lake City Hall, South Salt Lake, Utah

South Salt Lake City Hall, South Salt Lake, Utah
Motto: 

City on the Move
Location in Salt Lake County and the state of Utah.

Location in Salt Lake County and the state of Utah.
Coordinates: 40°42′28″N 111°53′21″WCoordinates40°42′28″N 111°53′21″W
Country United States
State Utah
County Salt Lake
Settled 1847
Incorporated 1938
Named for Great Salt Lake
Area

 • Total 6.94 sq mi (17.98 km2)
 • Land 6.94 sq mi (17.98 km2)
 • Water 0.00 sq mi (0.00 km2)
Elevation

 
4,255 ft (1,297 m)
Population

 (2010)
 • Total 23,617
 • Estimate 

(2019)[2]
25,582
 • Density 3,685.11/sq mi (1,422.76/km2)
Time zone UTC−7 (Mountain (MST))
 • Summer (DST) UTC−6 (MDT)
ZIP codes
84106, 84115, 84119
Area code(s) 385, 801
FIPS code 49-71070[3]
GNIS feature ID 1432753[4]
Website https://sslc.gov/

South Salt Lake is a city in Salt Lake CountyUtah, United States and is part of the Salt Lake City Metropolitan Statistical Area. The population was 23,617 at the 2010 census.

South Salt Lake, Utah

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Reviews for Ascent Law LLC South Salt Lake, 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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Jacqueline Hunting

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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.