Utah Self-Defense and Firearm Charges Lawyer

Stone River Law is a Utah self-defense lawyer for people who used force to protect themselves, their families or their homes, and for anyone facing firearm charges. Attorney Bradley Henderson is a former Air Force prosecutor who advised commanders on the lawful use of force, trained service members on rules of engagement and investigated use-of-force incidents. He now defends clients in Davis County, Weber County and throughout Utah.

If you were involved in a self-defense incident, call 801-448-7451 before you give a detailed statement.

Self-Defense Under Utah Law

Utah law allows you to use force when you reasonably believe it is necessary to defend yourself or someone else against another person’s imminent use of unlawful force. The force you use must be proportional to the threat.

Deadly force is justified only in narrower situations, such as when you reasonably believe it is necessary to prevent death or serious bodily injury, or to prevent a forcible felony like aggravated assault, robbery or rape.

• Stand your ground: under Utah Code §76-2-402(4), you have no duty to retreat from force or threatened force in a place where you have lawfully entered or remained, and not retreating is not a relevant factor in deciding whether you acted reasonably.
• Castle doctrine: Utah law gives added protection when someone unlawfully and forcibly enters, or tries to enter, your home.
• Defending people on your property: under Utah Code §76-2-407, a person in lawful possession of real property may be justified in using deadly force to stop a forcible or violent trespass made to commit violence or a forcible felony against someone on the property. If the trespass is unlawful and made by force, in a violent manner or to commit a forcible felony, the law presumes the defender acted reasonably.
• When self-defense does not apply: if you provoked the force as an excuse to hurt someone; if you were committing or fleeing a felony (unless the force responded to something unrelated); if you were the aggressor or agreed to fight, unless you withdrew, clearly communicated that, and the other person kept using force; if the threat was not imminent, if the force was excessive, or if it was retaliation rather than protection.

Read more about self-defense laws in Utah and burglary and self-defense.

Pretrial Justification Hearings

Since 2021, Utah Code §76-2-309 has given defendants in most felony and class A misdemeanor cases involving the use of force the right to a pretrial justification hearing. Your attorney files a motion, and the judge holds an evidentiary hearing to decide whether your use of force was justified. If the judge agrees, the related charges are dismissed.

Even if the judge rules against you, the hearing produces sworn testimony and a written explanation of the ruling, which can expose weaknesses in the prosecution’s case before trial. Deciding whether to request a hearing, and when, is one of the most important choices in a self-defense case. Learn more about justification hearings in Utah.

What to Do After You Defend Yourself

• Call 911 and request help for anyone who is injured.
• Identify yourself to officers and cooperate with their safety instructions.
• Say that you want to speak with a lawyer before giving a detailed statement. Stress and adrenaline can make honest accounts sound inconsistent.
• Write down witnesses’ names and preserve any video, messages or photos.
• If you have a self-defense legal protection membership, contact it promptly and check its rules for choosing an attorney.

Firearm and Weapons Charges We Defend

• Charges after a defensive gun use, including aggravated assault and assault with a deadly weapon
• Unlawful discharge of a firearm
• Possession of a firearm by a restricted person. See who can own a gun in Utah and can a restricted person be around guns?
• Firearm issues tied to domestic violence or drug charges
• Violent crime charges where self-defense is the central issue. See Utah felony defense.

Restoring Your Gun Rights

A conviction can make you a restricted person who cannot legally own or possess a firearm. Depending on your record, options to restore your rights may include expungement, a 402 reduction or a pardon. We review your history and explain which path may apply. See Utah expungement.

“After helping me clear the majority of my history, Brad was able to step up and make a great argument against the city contesting the most important one, holding back my 2A rights. Thanks to Brad and the team at Stone River Law I’m finally back into gainful employment and have all my rights restored!” — Google review

Why Use-of-Force Experience Matters

Self-defense cases turn on split-second decisions: what the person reasonably believed, how quickly the threat developed and whether the force matched the danger. Brad has spent years applying use-of-force rules in practice. In the Air Force he advised commanders on when force is justified, taught service members the rules of engagement and investigated use-of-force incidents. He holds the Small Arms Expert Marksman Ribbon and can explain how firearms work and how people react under stress, in plain terms a judge or jury can follow.

Attorney Stephen W. Howard adds more than 25 years of Utah trial and appellate experience, which matters when a justification ruling or jury instruction may need to be challenged on appeal.

Read Brad’s firearms and self-defense profile.

Common Questions About Self-Defense in Utah

Talk With a Utah Self-Defense Lawyer

If you used force to protect yourself or someone else, or you are facing a firearm charge, early advice matters. Call Stone River Law at 801-448-7451 or request a consultation. Our office is at 952 S. Main St., Suite A, Layton, Utah 84041.

Reviews reflect individual client experiences. Every case is different, and past results do not guarantee a similar outcome.