QUESTION

In Utah, am I allowed to defend my property with deadly force?

Asked on Nov 16th, 2015 on Criminal Law - Utah
More details to this question:
On my property in the past week, I have had 3 attempts at breaking into my cars, 2 of which were successful resulting in stolen property in one vehicle and a stolen car. If I catch an intruder breaking into my vehicle, am I allowed to use deadly force to stop the crime.
Report Abuse

1 ANSWER

Personal Injury Attorney serving Provo, UT
3 Awards
Good starting point is reading the statute at http://le.utah.gov/xcode/Title76/Chapter2/76-2-S405.html?v=C76-2-S405_1800010118000101  AND http://le.utah.gov/xcode/Title76/Chapter2/76-2-S406.html?v=C76-2-S406_1800010118000101     76-2-406.  Force in defense of property -- Affirmative defense.  (1) A person is justified in using force, other than deadly force, against another when and to the extent that the person reasonably believes that force is necessary to prevent or terminate another person's criminal interference with real property or personal property: (a) lawfully in the person's possession; (b) lawfully in the possession of a member of the person's immediate family; or (c) belonging to a person whose property the person has a legal duty to protect. (2) In determining reasonableness under Subsection (1), the trier of fact shall, in addition to any other factors, consider the following factors: (a) the apparent or perceived extent of the damage to the property; (b) property damage previously caused by the other person; (c) threats of personal injury or damage to property that have been made previously by the other person; and (d) any patterns of abuse or violence between the person and the other person.
Answered on Nov 16th, 2015 at 12:54 PM

This response should not be construed as creating an attorney-client relationship or providing legal advice.

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters