Reckless burning is a) recklessly causing an explosion or lighting a fire that endangers human life, b) starting a fire (whether recklessly or not) and then refusing to take proper precautions to make sure the fire stays under control, including failing to raise a fire alarm, and/or removing all flammable material away from the site of the fire, to prevent the fire’s spread. Reckless burning is also determined by the amount of property damage and can be a Class A misdemeanor down to an infraction, depending upon how much is damaged.

The term ‘abandoned fire’ refers to a fire that has been set and then either a) not put out, or b) left with no intention by the starter to return to it. This offense also runs from a Class A misdemeanor to an infraction, depending upon how much is damaged. If a wildfire is started as a result of the fire-starters actions, the person who lit the fire will be responsible for all costs involved in the blaze’s suppression – which can get very expensive if the conflagration gets out of control.

It must be proven beyond a reasonable doubt by evidence and witnesses against you to be convicted of arson. Facing a criminal charge of arson is a scary thing – but we are here to help you. We have defended many a criminal case, and we know how to help you get free of the charges that are besetting you. Call us today at the Ault Firm, and schedule a consultation, so that we can begin helping you today.

(See our webpage on arson for more information.)

There are many different types of arson, but for the most part, arson is classified into five different categories; arson with the intent to defraud an insurer, arson of someone else’s property, aggravated arson, reckless burning, and abandoned fire. Each of these offenses varies in the way someone can be charged for them. Reckless burning and abandoned fire are explained in Arson II.

Arson, with the intent to defraud an insurer – burning your property for the sake of receiving the insurance money later – is a second-degree felony and can be punished by up to 15 years in prison.

Arson of someone else’s property is more challenging to classify immediately, since the value of the damaged property, as well as injuries sustained by those uninvolved in the crime, determine the nature of the sentencing. Damage in excess of $5,000 and severe injuries on the part of bystanders is a second-degree felony; damage exceeding $1,500 but below $5,000 in value and substantial harm to others is a third-degree felony. Arson would be charged as a Class A misdemeanor if the damage fell between $1,500 and $500, and a Class B misdemeanor if the damage was less than $500.

Aggravated arson is a first-degree felony, and aggravated arson occurs when the target is a home or any other building classed as ‘habitable’ or burning such a structure or vehicle when a person was present inside. First-degree felonies can carry lifetime prison sentences, and aggravated arson is no exception.

To be convicted of it, arson must be proven beyond a reasonable doubt by evidence and witnesses against you. Facing a criminal charge of arson is a scary thing – but we are here to help you. We have defended many a criminal case, and we know how to help you get free of the charges that are besetting you. Call us today at the Ault Firm, and schedule a consultation, so that we can begin helping you today.

(See our webpage on arson for more information.)

If a burglary is committed inside a dwelling, meaning a house, apartment, flat, or any other location where a person is living, burglary is a second-degree felony. If the burglary is committed at another location, such as a business or a vehicle, for example, then the offense is a third-degree felony.

Aggravated burglary is a first-degree felony, and according to Utah law, a charge of aggravated burglary is made when the actor “causes bodily injury to any person who is not a participant of the crime, uses or threatens the immediate use of a dangerous weapon against any person who is not a participant of the crime, or possesses or attempts to use any explosive or dangerous weapon” (76-6-203). A first-degree felony charge will bring with it thousands of dollars in fines and years in prison.

Facing a burglary or aggravated burglary charge is a frightening thing. If convicted, the conviction will remain readily apparent on your records for years to come, because the offense is a felony. Your professional life could be a stake if you are charged with burglary, and even other aspects of your life, such as housing and schooling, will also be affected by a felony conviction.

However much you may feel so, you are not alone in this fight. We at the Ault Firm have years of experience in criminal defense cases, and we can help you overcome whatever obstacles are in the way of proving your innocence. Contact us today so that we can begin fighting for your rights now.

(See our webpage on burglary for more information.)

When a juvenile commits a crime, the case is taken and tried before the juvenile court system, and only under extraordinary circumstances (such as a juvenile being charged with murder) would a juvenile case be taken and tried in the district courts (where criminal trials for adults are held). Generally speaking, the parents of a juvenile charged with a crime cannot be charged for the child unless they were complicit or aided in completing the offense.

The juvenile court system is designed to help juveniles avoid incarceration and stop them from heading down the path to further criminal activity. As a result, the juvenile justice system is classed as a civil court, instead of a criminal court, and the decisions made there are focused upon rehabilitation and change instead of punishment. However, just because the juvenile system’s primary goal is rehabilitation does not mean that penalties decided there will not be harsh and/or have life-long consequences and repercussions for the juvenile.

Being charged with a crime is a serious matter at any age, but having a criminal record from such a young age can lead to life-long problems for future employment, schooling, and housing; even obtaining certain professional certifications can become difficult. Although a juvenile conviction is referred to as ‘adjudication’ and is technically not classed as a conviction at all, employers and others can ask to see your records. They may play a role in decisions that are then made.

If your child has been charged with a violation of the law and is being remanded into juvenile court, you need an experienced, caring lawyer on your side who knows how the juvenile court works. The repercussions from adjudication and the ensuing implications of being in juvenile court can last for the rest of your child’s life. Call the attorneys at the Ault Firm today, and we can help you fight to keep your child’s record clean – and to make sure that they will be free to go after all the opportunities that open up for them in the years to come.

(See our webpage on juvenile criminal defense for more information.)

In 76-6-302, aggravated robbery is defined as a person who “uses or threatens to use a dangerous weapon, causes serious bodily injury upon another, or takes or attempts to take an operable motor vehicle.” Aggravated robbery is a first-degree felony, which means a conviction is punishable by a prison sentence of five years up to life and a fine of up to $10,000.

Robbery does not mean that a person has to take the property and keep it; if the property is later abandoned, the taking of it by force is enough to ensure that robbery is how the offense will be charged. In addition, the property does not even need to be removed from the presence of the owner for the offense to be robbery; all that is necessary is for there to be a removal of property by force or threat of force from the owner or custodian of the said property. The distance involved in the stealing is not part of the issue.

In addition, the intent to steal is necessary for an act of theft to be classed as a robbery. If the property is taken as a joke or by mistake, it is not robbery. The actor must intend to steal the property of another before the violence or threat of violence, and the subsequent taking of the property becomes robbery.

Facing accusations of robbery is not something that you want to face alone. A conviction is a felony offense, meaning that it will appear on your records and will be information you will have to disclose to future employers, landlords, and school admissions officials. You do not want to have a felony conviction on your record – and we can help you. We at the Ault Firm have had years of experience defending criminal cases on a range of subjects, and we know how to help you with yours. Give us a call at (801) – 539 – 9000 and talk to an attorney today.

(See our webpage on robbery for more information.)