Utah Criminal Defense


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Illegal Discharge of a Gun in Utah

Illegal Discharge of a Gun.  Felony Firearm Utah Defense Attorney Jake Gunter Call/TXT (801) 373-6345.


Gun Rights Attorney Jake Gunter Utah

Avoid having your gun rights taken away with a felony conviction. A really important statute to read is 76-10-503 which lists who can and can’t bear arms.

In Utah it is a heavy mandatory minimum 3 year prison sentence if you use a gun to shoot a person, or their house or their car.  It is a 3rd degree felony.    You have to intentionally try to shoot their car or house to do damage or to intimidate or harass them.  If you intentionally shoot a gun to hurt them, then that’s called attempted murder.


                If you shoot at a person, cars or a house and cause bodily injury, however slight, you will serve a 3 years mandatory minimum on 2nd Degree Felony, 1-15 years in the Utah State Prison.


                As with all criminal charges, self defense can always be raised to refute an illegal discharge of a gun charge in Utah.  Utah’s self defense law is complex and circumstantially fact sensitive.  Having to defend yourself against a young, screening prosecutor’s desk is a bad day for you.  This is the joy and counterbalance of having a jury system where THE JURY will ultimately determine your fate, rather than one inexperienced screening prosecutor at his first assignment with little life experience.


                The sentencing court shall suspend your Utah driver’s license for a period of time detailed on the record.  But at this point, having your Utah driver’s license suspended is the least of your concerns when looking down the barrel of a 3 year mandatory minimum prison sentence.  See this article on common reasons why you Utah driver’s license can be suspended.


Felony Firearms Defense Attorney

3rd Degree Felony Firearm conviction carries up to 5 years in the Utah State Prison. Free Consult TXT (801) 373-6345. Ask for Jake.

Accidental Discharges Doesn’t Count.

                You can’t accidentally discharge a gun and be found guilty of felony discharge of a firearm. Accidental discharges of a gun are accidents and not chargeable under Utah Code Ann. 76-10-508.1 (2020).  You have to either intentionally fire you gun at the house or car, or knowingly fire your gun at a person with a reasonable believe it may endanger that person to be guilty of felony discharge of a firearm.

Self Defense.  Defense of Property and Others.

                You always retain your natural law right to defend yourself.  The extent of your self defense is governed by Utah law.  You have a right to defend your family and property.   Self defense is always a defense to be considered.

WEAPONS CHARGES UTAH CRIMINAL DEFENSE ATTORNEY Jake Gunter.  (801) 373-6345.  Free Consult.

                You can read the full text of the statute below.

Effective 5/14/2019

76-10-508.1.  Felony discharge of a firearm — Penalties.

Felony Firearms Conviction Will Suspend your Driving License.

A felony firearms conviction will suspend your Utah driving license.

(1)          Except as provided under Subsection (2) or (3), an individual who discharges a firearm is guilty of a third degree felony punishable by imprisonment for a term of not less than three years nor more than five years if:

(a)          the actor discharges a firearm in the direction of one or more individuals, knowing or having reason to believe that any individual may be endangered by the discharge of the firearm;

(b)          the actor, with intent to intimidate or harass another or with intent to damage a habitable structure as defined in Section 76-6-101, discharges a firearm in the direction of any individual or habitable structure; or

(c)           the actor, with intent to intimidate or harass another, discharges a firearm in the direction of any vehicle.

(2)          A violation of Subsection (1) that causes bodily injury to any individual is a second degree felony punishable by imprisonment for a term of not less than three years nor more than 15 years.

(3)          A violation of Subsection (1) that causes serious bodily injury to any individual is a first degree felony.

(4)          In addition to any other penalties for a violation of this section, the court shall:

(a)          notify the Driver License Division of the conviction for purposes of any revocation, denial, suspension, or disqualification of a driver license under Subsection 53-3-220(1)(a)(xi); and

(b)          specify in court at the time of sentencing the length of the revocation under Subsection 53-3-225(1)(c).

(5)          This section does not apply to an individual:

(a)          who discharges a firearm when that individual is in lawful defense of self or others;

(b)          who is performing official duties as provided in Section 23-20-1.5 or Subsections 76-10-523(1)(a) through (f) or as otherwise authorized by law; or

(c)           who discharges a dangerous weapon or firearm from an automobile or other vehicle, if:

(i)            the discharge occurs at a firing range or training ground;

(ii)           at no time after the discharge does the projectile that is discharged cross over or stop at a location other than within the boundaries of the firing range or training ground described in Subsection (5)(c)(i);

(iii)          the discharge is made as practice or training for a lawful purpose;

(iv)         the discharge and the location, time, and manner of the discharge are approved by the owner or operator of the firing range or training ground before the discharge; and

(v)          the discharge is not made in violation of Subsection (1).


Call/TXT (801) 373-6345 ask for Jake.

Is the lawyer you are about to call have 20 plus jury trials? Experience matters in criminal defense. Contact Jake today!

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