Utah Aggravated Murder Lawyers

Murder is homicide plus malice. This means an unlawful killing of a human being done with some form of intent.

Murder is often perceived as any killing of another person. However, murder must involve the following elements under the law:

• Direct action(s) which cause a person’s death
• Malicious intent at the time of the killing (the defendant must wish to severely injure or end another person’s life).
• The killing was unlawful.

What Is Malice?

To be convicted of common law murder, the killing must have been committed with malice aforethought. Also known as malice, it does not mean that the defendant acted out of hate or spite toward the intended victim.

Malice aforethought occurs when:

• The defendant intended to kill
• The defendant intends to inflict a serious bodily injury that causes death
• The defendant behaves in a way that shows extreme, reckless disregard for human life resulting in the victim’s death

It is possible to be convicted of murder even if a defendant did not intend to kill but rather acted in a way with a high risk of human death. A defendant could be liable for murder if that act resulted in the death of another.

In Utah, How Is Aggravated Murder Defined?

An “aggravated” crime has a more serious criminal sentencing and nature than its non-aggravated murder counterpart.

There are nine ways to change a murder charge to an aggravated murder charge in Utah:

• The defendant killed or attempted to kill two or more people
• The murder occurred in a correctional facility
• Money was the motive for the murder. This includes murder-for-hire contract killings.
• The defendant created a “great risk of death” for a person who wasn’t the intended victim
• The murder was done to escape custody or evade an arrest
• The victim was younger than 14 years old
• Poisoning, incendiary devices, or bombs were used in the murder
• The victim was subjected to extreme physical injury, torture, or any other cruel or depraved treatment
• An officer of the law, a police officer, a probation officer, a juror, a judge, or a parole officer was murdered
• The victim was a witness in a trial or to prevent someone from testifying
• The defendant had previous convictions for aggravated crimes like rape, kidnapping, or aggravated murder

How Does Utah Classify Aggravated Murder?

Utah classifies murder in two ways: first-degree murder or capital felony.

What Is a First Degree Aggravated Murder Felony?

The aggravated murder felony carries a minimum mandatory of 25 years in Utah state prison.

The maximum punishment is life without parole.

What’s the Difference between the Two Felonies?

Whether a person is charged with a capital felony or first-degree felony depends on the circumstances surrounding the murder:

• The killing was deliberate and premeditated: If the killer had formed intent to kill and has time, no matter how brief or slight, to reflect on the murder, the killing is said to be premeditated and planned. It is said to be deliberate if the killer had a chance to consider alternatives. The defendant would be liable for first-degree murder if these elements were present.
• The killing occurs during the course of a dangerous felony: Under the felony murder rule doctrine, a felon can be guilty of first-degree murder of a death of a person other than a co-felon occurs during the course of a dangerous felony, even if the felon is not the killer. The death must be foreseeable as a result of the initial felony. The defendant would be liable for first-degree murder if this element is met.
• Any other killings that involve malice: If the killing was not premeditated and deliberate and did not occur during a commission of a dangerous felony, then all other murders will be classified as second-degree murder.

What Is the Difference Between Murder and Manslaughter?

Manslaughter is defined as the killing of another human being without malicious intent.

The defendant’s state of mind primarily differentiates manslaughter and murder. In general, murder requires malice aforethought, premeditation, and deliberate intent. However, both forms of homicide may count as culpable homicide, depending on the circumstances.

What Is the Penalty for Murder?

Murder penalties vary. The punishment for murder can be increased or decreased by “enhancements.” For instance, murder with a deadly weapon can increase the punishment, while youth may benefit the defendant.

A first-degree murder conviction generally carries a sentence of death or life imprisonment without parole.

The exact number of years will depend on the judge and any enhancements included.

What Is a Capital Felony?

A capital felony refers to the defendant getting the death penalty for an aggravated murder conviction.

What Is a First Degree Aggravated Murder Felony?

The aggravated murder felony carries a minimum mandatory of 25 years in Utah state prison. The maximum punishment is life without parole.

What’s the Difference Between the Two Felonies?

Whether a person is charged with a capital felony or first-degree felony depends on the circumstances surrounding the murder.

Who Decides What Someone’s Sentence Will Be?

According to Constitutional law, every accused individual has the right to a trial by a jury of their peers. Nonetheless, criminal trials are divided into two phases: guilt and sentencing. This right applies to the guilt/innocence phase only.

Usually, the judge overseeing the trial’s proceedings determines someone’s sentence. Capital punishment cases are an exception since the jury is present for both trial phases.

What Are Aggravating and Mitigating Circumstances for Sentencing Purposes?

Crimes committed and the accused’s history can affect a potential sentence’s severity or leniency. First-time offenders receive punishments on the lower end of the guidelines, while repeat offenders may receive longer sentences.

Furthermore, aggravating circumstances during the commission of the crime play a major role. State laws automatically increase the severity of robberies committed with guns, for instance.

If I Negotiate a Plea Bargain, Does that Determine My Sentence?

Plea bargaining is a commonly used tool for both prosecutors and defendants alike. A plea bargain may be used for several reasons, including giving evidence against someone else for a lighter sentence. State courts are often overloaded, and plea bargaining keeps the wheels of justice turning.

Does that automatically mean you’re guilty when you accept a plea bargain from a prosecutor? No, not necessarily. The judge is not required to accept the prosecutor’s recommendation for sentencing. Nevertheless, most judges will follow the prosecutor’s advice and pass the sentence as recommended.

Are There Any Legal Defenses to a Murder Charge?

You can defeat a murder charge by negating the act and intent elements. The defendant will be exonerated of murder or manslaughter charges if they prove they did not commit the act.

If the defendant is connected to the act, it may still be possible to reduce a murder charge by proving that there was no intent. It would be possible to reduce the sentence by lowering the crime. A list of possible defenses to reduce the intent element can be found here.

What Can You Do If Accused of Murder?

It is important to immediately consult a criminal defense lawyer familiar with Utah’s criminal laws regarding your rights and defenses.

Should I Consult an Attorney about My Aggravated Murder Charge?

Aggravated murder is one of the most serious charges in Utah. Talk to a Utah criminal lawyer about possible defenses.