Utah Special Enhancements — Not a Defense is a sentencing enhancement that allows a judge to increase the sentence of a criminal, even if the defendant is not found guilty of the original crime. It can be applied in a variety of ways, depending on the circumstances. There are three main types of Utah Special Enhancements — Not a Defense: Aggravating Circumstances, Habitual Offender Enhancements, and Crime of Violence Enhancements. Aggravating Circumstances are used to increase the sentence for a particular crime if the court finds that the circumstances of the crime demonstrate that the crime was especially heinous and reprehensible. Habitual Offender Enhancements are used when the defendant has a prior criminal history or has committed a similar crime. Lastly, Crime of Violence Enhancements are used when the defendant has committed a crime involving violence or the threat of violence.
Utah Special Enhancements - Not a Defense.
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Law enforcement officer use of deadly force. "Deadly force" means force that creates or is likely to create, or that the individual using the force intends to create, a substantial likelihood of death or serious bodily injury to an individual.
Force in arrest. Any person is justified in using any force, except deadly force, which he reasonably believes to be necessary to effect an arrest or to defend himself or another from bodily harm while making an arrest.
Penalties for Possession with Intent to Distribute or Sell In Utah, possession of a controlled substance with intent to distribute or sell is generally charged as a second degree felony, carrying a possible prison term of one to 15 years and up to $10,000 in fines.
Theft -- Elements. Terms defined in Section 76-1-101.5 apply to this section. An actor commits theft if the actor obtains or exercises unauthorized control over another person's property with a purpose to deprive the person of the person's property.
Imperfect self-defense is an affirmative defense that can reduce aggravated murder to murder, attempted aggravated murder to attempted murder, murder to manslaughter, and attempted murder to attempted manslaughter. See Utah Code Ann. § 76-5-202(4) (aggravated murder); Utah Code Ann. § 76-5-203(4) (murder).
Commission of domestic violence in the presence of a child.
An individual is justified in threatening or using force against another individual when and to the extent that the individual reasonably believes that force or a threat of force is necessary to defend the individual or another individual against the imminent use of unlawful force.
Every person, acting with the mental state required for the commission of an offense who directly commits the offense, who solicits, requests, commands, encourages, or intentionally aids another person to engage in conduct which constitutes an offense shall be criminally liable as a party for such conduct.