Salt Lake City Murder Defense Attorney

Serious Defense for a Serious Charge. 15+ Years of Experience!

Arrested for murder? There is far too much at stake to place your trust in a lesser-experienced attorney who is hesitant to go to trial. You need a fearless and skilled attorney like me, Catherine Cleveland. At my law firm, I treat each case individually: Clients are a name, not a case number. As such, I dedicate all my attention and resources to fighting for the optimal outcome for your murder case. Contact an experienced murder attorney now by calling (801) 448-0683.

If you are charged with murder or another violent crime in Salt Lake City, do not panic. I have spent more than 20 years successfully representing clients charged with murder and other violent crimes. At Catherine Cleveland, Attorney At Law, I combat your charges using high-caliber defense strategies and skilled legal counsel.

Contact me at (801) 448-0683 to learn how I can help you overcome your murder charges. I offer a free phone and 30-minute video consultation to discuss your defense options.

A Breakdown of Murder Charges in Utah

In the state of Utah, murder is generally defined as the intentional causation of another person’s death or a depraved indifference to a person’s life that results in their death. If someone dies while a felony crime is being carried out, murder charges can also be brought forward, even if the defendant did not mean for this to happen. Murder charges are classified as a first-degree felony, which comes with serious penalties.

Aggravated murder, on the other hand, is a more serious murder charge in the state of Utah. It can be brought forward if certain aggravating elements are present in the crime. For example, if the case involves a witness, judge, law enforcement officer, or multiple victims, the crime may be classified as aggravated murder. In the state of Utah, aggravated murder is a capital offense, which can, in rare cases, result in the death penalty.

Manslaughter is the less serious charge that happens when an individual’s reckless behavior leads to an individual’s death. Manslaughter cases do not involve premeditated or intentional behavior. These crimes are usually charged as second-degree felonies and involve cases where a person’s intent to kill cannot be demonstrated in court.

Defending Against Murder Charges in Salt Lake City

Thirty-five adults and six juveniles were arrested for murder in 2018, according to the Utah Department of Public Safety. Some may perceive this as a relatively low statistic compared to other states’ murder rates, but it’s important to recognize that Utah’s prison populations are among the fastest-growing ones in the nation. It’s clear that the state will do everything in its power to fight for your conviction, but I will fight harder for your innocence.

Murder charges make for complex cases. Sometimes, they go beyond intentionally and knowingly causing the demise of another person. Some cases I’ve handled involve:

• Intending to cause bodily injury that tragically results in death
• Acting with indifference that causes fatalities
• Committing a separate felony that results in death
• Resisting arrest or assaulting a police officer that results in death

In order for the prosecution to convict someone of murder, they must demonstrate that certain elements occurred beyond a reasonable doubt. Depending on the murder charge, the elements to be proven can vary slightly. However, various parts of a murder charge that must be proven include the following:

• Intent. Did the defendant act in a way that regardlessly disregarded human life, or did they have the intention of killing?
• Premeditation. Did the defendant plan during the time before the end of the victim’s life?
• Action. Did the actions of the defendant directly lead to the death of another individual?

An experienced murder defense attorney from our team can work to prove that one or more of these elements cannot be demonstrated, fighting to have charges reduced and undermine the prosecution’s case. For example, if you have been charged with first-degree murder, we can work to show that your actions were indeed not premeditated by presenting robust evidence.

Utah Penalties for Murder

Murder is a first-degree felony punishable by 20 years to life in prison. Utah law mandates imprisonment for anyone found guilty of murder, meaning it is my responsibility to negotiate your charge to reduce your penalties or dismiss them altogether.

Murder crimes are sentenced according to Utah guidelines, but the judge can use their discretion to determine your punishment, so your penalty may differ from the following:

• First-degree aggravated murder: 300 to 440 months in prison
• First-degree murder: 240 to 288 months in prison
• Attempted aggravated murder: 192 to 240 months in prison

Degrees of Murder

The degree of murder depends on the elements of your alleged crime, such as intent and severity. First-degree murder differs from second-degree murder in that it is willful, deliberate, and premeditated. Second-degree murder is not premeditated, but it is willful and deliberate in the moment. For example, someone could be accused of second-degree murder if they grabbed their gun from the car and killed their boss after being fired from their job unexpectedly.

However, that person may suffer first-degree murder charges if they planned and prepared this violent crime in advance, such as two weeks before. Nonetheless, all murder accusations are serious, and penalties may be enhanced with aggravating factors, which makes it crucial that you hire a proven Salt Lake City murder defense lawyer like myself.

At the initial consultation, I will spend time with you to identify the issues surrounding your murder charge and assess the strengths and weaknesses of your case. From there, I can move forward with thorough investigations and reviews of witness statements. I also analyze the events leading up to your arrest to see if your rights were violated at any point.

Legal Tactics for Defending Against Murder Charges in Salt Lake City

It can be difficult to build a defense for murder charges, so it is highly beneficial to work with an experienced murder defense attorney who has a deep understanding of local, state, and federal law and who can contextualize your case within the legal system. At Catherine Cleveland, Attorney At Law, we can work closely with you to leverage our legal understanding and the details of your case using various legal strategies.

Self-Defense Argument

A self-defense claim can apply if the defendant carried out the act that led to another person’s death because they were working to protect themselves or another individual from being immediately harmed. In the state of Utah, there are self-defense laws that allow for deadly force in cases where a person has reasonable suspicion that their life or another person’s life is immediately in danger.

To successfully present your self-defense claim, a murder defense lawyer can work to show that the victim posed a reasonable threat by presenting clear evidence, such as video footage or written communications. If the victim had a history of being abusive, this can also be demonstrated on behalf of the defendant to show that they had reasonable suspicion to fear for their life.

Lack of Intent Argument

A crucial legal element that must be proven in murder cases is that the defendant intended to take the life of the victim. If the element of intent cannot be proven, a skilled murder attorney can work to get charges reduced to manslaughter. This argument is particularly relevant in cases where the defendant carried out actions that were reckless or negligent, but they did not have the intent to kill.

A diligent murder defense attorney can work to soundly present the lack of intent argument by bringing forward the testimonies of witnesses who can speak to the defendant’s intentions and state of mind at the time of the victim’s death. If mental health conditions were an element that contributed to the defendant’s reckless behavior, testimony from healthcare professionals can be leveraged to explain the defendant’s lack of intention to kill.

Insanity or Mental Health Defense

In some cases, the insanity or mental health defense may be applicable. If the defendant was suffering from a mental health disorder that severely impeded their ability to understand what they were doing or control themselves, the insanity defense may be recognized.

In Utah, the insanity defense can be used. However, it requires the demonstration of robust evidence proving that the defendant was incapable of understanding what they were doing when the crime happened.

Alibi Defense

An alibi defense can be used if you can prove that the defendant did not commit the crime because they were not at the location of the crime at the alleged time that it took place. An alibi can be successfully presented by having witnesses attest to the fact that they saw the defendant at a different location, or showing digital evidence like phone location data that shows the defendant was not at the crime scene when the murder took place.

Accidental Circumstances Defense

If the death of the victim was a result of an accident and it was not intentional, the defense could argue that the defendant cannot be held criminally responsible for what happened. An experienced murder attorney can work to show concrete evidence that the actions of the defendant, which led to the death of an individual, were not intentional.

They can also present robust evidence to show that what happened was the result of an unforeseeable accident or devastating circumstance. If there was no existing animosity between the victim and the defendant, and if there was no clear motive for the crime, this defense strategy could be effective.

Challenges to Evidence Presented By the Prosecution

Common evidence presented by the prosecution may include digital records, testimonies from witnesses, and forensic evidence. A skilled murder defense attorney can go over all the evidence to look for any inaccuracies or inconsistencies. Specifically, they can look at witness statements to determine whether there may be any issue of bias, memory problems, or if their statements are inconsistent.

A lawyer can also look into how the forensic evidence was collected and handled, and if the proper protocol was not followed, they could work to show this and get the evidence suppressed. An experienced lawyer for murders can also argue that the evidence presented by the prosecution is not sufficient to prove that the defendant committed the crime beyond a reasonable doubt.

Navigating the Criminal Defense Process To Fight Murder Charges

Defending against murder charges in Salt Lake City is a very intricate legal process that involves various steps. An empathetic and skilled murder attorney from Catherine Cleveland, Attorney At Law, can help you work through each stage of the process, defending your rights and advocating for optimal case outcomes. From start to finish of your criminal defense case, we can work to defend you.

Initial Consultation and Case Building

During an initial consultation, a defense attorney from our firm can work to review your charges, the details associated with your case, and immediately address any pressing questions or concerns you may have. We can work to help you understand the charges you are facing and the potential penalties that can come with them, as well as some potential legal options.

After the initial consultation, an experienced criminal defense lawyer from our firm can start thoroughly investigating your case, working to understand the evidence brought forward by the prosecution as well as their arguments. On your behalf, they can start to collect evidence that corroborates your story, including surveillance data, digital data, forensic reports, or witness statements.

Pretrial Hearings and Motions

Prior to a trial, there may be various hearings that take place, during which your attorney may present pretrial motions on your behalf. Pretrial motions are crucial because they can shape the potential outcomes of your murder case. A murder defense attorney from our firm may present a motion to dismiss the charges or a motion to suppress evidence, depending on the details of your case. These motions can work to limit the prosecution’s case.

Negotiations With the Prosecution

If there is a significant amount of evidence stacked up against the defendant, a plea negotiation may be a favorable option, if it is available. An experienced lawyer for murders from Catherine Cleveland, Attorney At Law, can help you understand whether plea negotiations could be an option for your case.

During a plea negotiation, a criminal defense lawyer can work with the prosecutor to come to a plea agreement that is favorable for your case, which can either result in minimizing penalties, reducing charges, or completely avoiding trial.

Preparations for Trial

If your case proceeds to trial, an experienced attorney can help you prepare extensively. They can work hard to develop your defense, which shows a narrative that undermines the prosecution’s case. During trial preparation, you and your criminal defense attorney will likely practice cross-examinations to call into question the validity of the prosecution’s witnesses.

They can work to identify witnesses who can present your side of the story and prepare them for questioning. Furthermore, an experienced criminal defense attorney can help refine your argument by drafting and practicing compelling opening and closing statements.

Trial Attendance

During a trial, a defense attorney can work to cross-examine the witnesses of the prosecution to show any biases or inconsistencies in their statements. They can also present their own witnesses that backed the story of the defense, such as character witnesses. Through strong legal arguments, they can introduce reasonable doubt, especially for the intent or motive of the alleged murder.

Sentencing and Appeals

After the trial, a verdict will be issued. If the verdict is not in favor of the defendant, they can work to appeal the decision. A skilled criminal defense attorney can help determine various reasons for having an appeal issued, such as procedural errors that undermined your rights or evidence that has newly emerged.

The Importance of Hiring a Salt Lake City Murder Defense Attorney

Defense for charges as severe as murder, which come with some of the most serious penalties in the state, requires working with an individual who has extensive legal experience and knowledge. By working with a skilled attorney from Catherine Cleveland, Attorney At Law, you can be sure that a comprehensive investigation will be launched into your case, in which robust evidence, such as video footage and witness statements, can be gathered to support your case.

From the beginning, a lawyer from our firm can work to challenge various aspects of the prosecution’s case, from the strength of their legal arguments to the collection and handling of certain evidence. Our experienced legal team can leverage our in-depth experience navigating the local court system to help you understand what to expect, using our existing connections with local stakeholders, such as prosecutors, to provide unique insights for your case.

Based on the specific details of your case, we can work to develop a robust defense strategy, whether that means negotiating with prosecutors or presenting evidence that gets your case completely dismissed. Through each step of the process, we will work fiercely to protect your rights, including your right to not incriminate yourself, the right to a fair judicial process, and the right to adequate legal representation.

As we have a strong track record negotiating with prosecutors in the Salt Lake City area, we can work to negotiate a favorable plea deal and have your charges or penalties reduced. A lawyer from our team can also work to negotiate reduced sentencing during your sentencing hearing if you are convicted.

Catherine Cleveland, Attorney At Law, Is Here for You

My goal is to fight for the best outcome. I am not a murder defense attorney who shies away from the courtroom. I am not quick to plea bargain. If it is in your best interests, I will take your murder case to trial and fight tirelessly for a favorable outcome. To me, you’re not just another statistic: You’re a human being who was caught in the wrong place at the wrong time. As such, I will treat you with the compassion and respect you deserve.

Remember, you are innocent until proven guilty. Contact me for a free phone consultation at (801) 448-0683 to learn how I can serve you.