A Justification Hearing May Get Criminal Charges Dismissed
In Utah, a criminal defendant who has been charged with a violent crime may be able to prove that his use of force was justified by requesting and prevailing in a justification hearing.
The justified use of force is codified in Utah Code 76-2-401 through 76-2-409. Generally speaking, the use of force is justified when used in defense of person and property so long as the person using the force reasonably believes that it is necessary to defend the individual or his property against another’s imminent use of unlawful force. There are of course specific differences in what type of force can be used depending on the unlawful force at issue and whether it is an individual or property that is being attacked, but that is the general rule of thumb.
Being a pro-self-defense State, Utah has recently added a procedural mechanism in the form of a justification hearing to streamline criminal defense and save the time and resources that go along with holding criminal trials.
A Mini Self-Defense Trial
When a criminal defense believes that his use of force was justified, he can file a Motion to Hear Evidence on the Issue of the Justified Use of Force. The criminal defendant is required to make a prima facie showing, that is, a basic showing that his use of force was justified. This is usually satisfied by merely asserting that he felt imminently threatened by another’s unlawful use of force and so he use force to prevent or protect against that force.
Once a prima facie showing is made by the defendant, the burden shifts to the State to show clear and convincing evidence that the defendant’s use of force was NOT justified. The prosecutor attempts to do this through calling witnesses to testify. The defendant can call his own witnesses as well. The judge then decides whether the use of force was justified. If it was justified, the case is dismissed with prejudice. If it was not justified, the defendant can still present his case of self-defense to the jury.
Salcido Law Firm has some of the most experienced attorneys in Utah in justification hearings. Call or text us at 801-413-1753 to discuss your case and whether you have a claim for justification.