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  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Question Defense of an Attacker

    My question involves criminal law for the state of: Utah

    Obviously I'm new to these forums, please move my thread to the appropriate forum if I placed it in the incorrect area, thank you.


    1. At what point in a personal attack can you defend yourself, with potential lethal force, legally?

    2. Is it legal to defend another person while they're being attacked? What if you defend with potential lethal force?

    3. How much help is a recording of the confrontation? If you're in the right, and have a video recording of it, can you still be persecuted? What if there is several recordings of the confrontation?

    4. Is there a point where you use "too much" force in a defensive maneuver to protect yourself, or another person?

    5. Is it legal to "plan a defense" against an attacker? For example, have a weapon ready and another person with you if you know someone is going to attack? Or to plan a defense of another person (with their consent) or building, in case something goes wrong?

    6. (This is a state specific one) can one wear a sword (35"+ blade) in a scabbard, and potentially use it for self defense legally? How is this defined? Is it legal to carry in the first place? Is it considered a "concealed weapon"? Surely it's not legally defined as a pocket knife?


    Thank you for your time, and I look forward to replies.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Few Questions Concerning Defense of an Attacker

    All of the following are UTAH specific ones.

    The statutory law just says "self-defense". The body of law in Utah is that you or another party in your presence fear injury from the other party and you are not the attacker or aggressor in the incident. Evidence always helps. Self-defense is limited to what I said. Once someone is not a threat (either you've disabled him or he is retreating) you can't continue to engage him. Having a defense against an attacker isn't illegal, just be careful you do not provoke the attack. Brandishing your weapon at someone may make them fear injury.
    As for swords Utah pretty much treats them just as if they were firearms. You can open carry. You can not indicate that you are going to cause someone harm with such and you can't carry in certain locations (schools, etc).

  3. #3
    Join Date
    Jun 2012
    Posts
    173

    Default Re: Few Questions Concerning Defense of an Attacker

    1. In most states, including Utah, use of lethal force is only allowed when threat of lethal force is being used against you. Think of it as a proportionate response requirement. However, you can't start the confrontation.

    2. Defense of others works in the same way. You can only use the same force that the victim could've used and you're at fault if you mistook the situation.

    3. Any evidence is helpful and you can always record yourself in such a situation. However, whether or not you'll be prosecuted is up to the prosecutor. Even if you have video evidence, they can choose whether to proceed with the case.

    4. Again, the amount of force allowed depends on the situation. If it ever gets to the point of a jury, the rule is what a reasonable person would do in the same situation.

    5. Carry a concealed weapon requires a permit in Utah.

  4. #4
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Few Questions Concerning Defense of an Attacker

    Thank you for the information, it is much appreciated.

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