In Utah domestic violence is a crime committed by one cohabitant against another. Cohabitant can mean someone you presently live with or someone you have previously lived with. You can be accused of domestic violence if you physically harm another person that you are living with, if you threaten to physically harm another person that you are living with, or if you try to get someone to harm them for you. Many criminal offenses can be specified as domestic violence. If you are charged with this crime the charge will carry additional penalties if you are convicted.
What are the penalties associated with domestic violence?
There are two types of penalties. First, there are the direct consequences of a conviction, which include fines and possible jail time. Because this is an enhanceable offense, these penalties become more severe with additional convictions. Second, there are collateral consequences, such as the inability to own a firearm. This section will discuss direct consequences, enhancement, and collateral consequences.
Direct Consequences
The direct consequences of a domestic violence-related conviction can include fines and jail. The penalties associated will vary depending on the specific crime with which you were charged.
Enhancement
Once you are convicted in Utah, each additional domestic violence incident within the next five years will be charged as a more serious crime. This is called enhancement. For example, if you are convicted of the Class B misdemeanor of domestic violence assault, the same exact incident would be charged as a Class A misdemeanor the next time. If the incident occurred for a third time within five years, it would be charged as a 3rd degree felony.
Collateral Consequences
In addition to possible jail time and enhancement, a conviction for domestic violence can lead you to experience secondary effects of conviction. For example, you may be less appealing to employers who can see a domestic violence conviction while conducting a pre-employment background check. Additionally, you may experience decreased trust within the community and social stigma. Utah law also requires those who are convicted of a Class A misdemeanor or higher to provide a specimen to the national DNA database, where it will be stored indefinitely.
One of the most serious collateral consequences of a domestic violence conviction is the loss of gun rights. Under federal law, if you are convicted of domestic violence, you will lose your second amendment rights for life. You will be unable to own or use firearms or ammunition. Any possession of firearms or ammunition will automatically be a federal felony. There are no exceptions for military service, hunting, collecting, or employment. This federal law further mandates the discharge of all service members and law enforcement officers who are convicted of domestic violence.
What should I do if I have been accused of domestic violence?
If you have been accused of domestic violence, we recommend that you consult an attorney right away. In Utah, there is no such thing as getting out of a domestic violence charge because the victim no longer wants to cooperate. This leaves defendants with two ways to avoid a domestic violence conviction.
Trial
To avoid a domestic violence conviction, you can go to trial and fight the charges. Often, the domestic violence charges stem from situations where tempers were high, but no real violent act was committed. The allegations leading to prosecution may have been overstated by the victim whose emotions were high and who spoke to the police more out of anger than fact. In many cases, there are few witnesses to the incident besides the victim and little or no physical evidence. In these cases, the results of a trial can come down to a battle over credibility between you and the alleged victim.
Plea in Abeyance
You may also avoid a conviction by negotiating a plea in abeyance agreement with the prosecutor. Under a plea in abeyance agreement, a conviction will not be entered, but instead you will be placed on a form of probation that will result in the charges being dismissed if you successfully complete the requirements. The plea in abeyance agreement will often include fines, community service, and possible requirements for anger management classes, and possible substance abuse counseling if you were under the influence at the time of the incident. While not everyone is eligible for a plea in abeyance, our office can help you find out if this is an available option to resolve your case.
Have questions?
If you have been accused of domestic violence, it is best to consult an attorney to protect your rights. Domestic violence convictions can have far reaching consequences beyond conviction that can negatively impact your life in many ways. An experienced attorney can help ensure the best possible outcome in your domestic violence case.
If you have been arrested or charged with domestic violence or would like more information, call the Law Office of Brian J. Miller for a free consultation at (801)984-3815.
This article is for general personal reference and is not intended to serve as legal advice. This blog post does not create an attorney-client relationship. If you have questions regarding a legal matter, contact an attorney for legal advice.
What are the penalties associated with domestic violence?
There are two types of penalties. First, there are the direct consequences of a conviction, which include fines and possible jail time. Because this is an enhanceable offense, these penalties become more severe with additional convictions. Second, there are collateral consequences, such as the inability to own a firearm. This section will discuss direct consequences, enhancement, and collateral consequences.
Direct Consequences
The direct consequences of a domestic violence-related conviction can include fines and jail. The penalties associated will vary depending on the specific crime with which you were charged.
Enhancement
Once you are convicted in Utah, each additional domestic violence incident within the next five years will be charged as a more serious crime. This is called enhancement. For example, if you are convicted of the Class B misdemeanor of domestic violence assault, the same exact incident would be charged as a Class A misdemeanor the next time. If the incident occurred for a third time within five years, it would be charged as a 3rd degree felony.
Collateral Consequences
In addition to possible jail time and enhancement, a conviction for domestic violence can lead you to experience secondary effects of conviction. For example, you may be less appealing to employers who can see a domestic violence conviction while conducting a pre-employment background check. Additionally, you may experience decreased trust within the community and social stigma. Utah law also requires those who are convicted of a Class A misdemeanor or higher to provide a specimen to the national DNA database, where it will be stored indefinitely.
One of the most serious collateral consequences of a domestic violence conviction is the loss of gun rights. Under federal law, if you are convicted of domestic violence, you will lose your second amendment rights for life. You will be unable to own or use firearms or ammunition. Any possession of firearms or ammunition will automatically be a federal felony. There are no exceptions for military service, hunting, collecting, or employment. This federal law further mandates the discharge of all service members and law enforcement officers who are convicted of domestic violence.
What should I do if I have been accused of domestic violence?
If you have been accused of domestic violence, we recommend that you consult an attorney right away. In Utah, there is no such thing as getting out of a domestic violence charge because the victim no longer wants to cooperate. This leaves defendants with two ways to avoid a domestic violence conviction.
Trial
To avoid a domestic violence conviction, you can go to trial and fight the charges. Often, the domestic violence charges stem from situations where tempers were high, but no real violent act was committed. The allegations leading to prosecution may have been overstated by the victim whose emotions were high and who spoke to the police more out of anger than fact. In many cases, there are few witnesses to the incident besides the victim and little or no physical evidence. In these cases, the results of a trial can come down to a battle over credibility between you and the alleged victim.
Plea in Abeyance
You may also avoid a conviction by negotiating a plea in abeyance agreement with the prosecutor. Under a plea in abeyance agreement, a conviction will not be entered, but instead you will be placed on a form of probation that will result in the charges being dismissed if you successfully complete the requirements. The plea in abeyance agreement will often include fines, community service, and possible requirements for anger management classes, and possible substance abuse counseling if you were under the influence at the time of the incident. While not everyone is eligible for a plea in abeyance, our office can help you find out if this is an available option to resolve your case.
Have questions?
If you have been accused of domestic violence, it is best to consult an attorney to protect your rights. Domestic violence convictions can have far reaching consequences beyond conviction that can negatively impact your life in many ways. An experienced attorney can help ensure the best possible outcome in your domestic violence case.
If you have been arrested or charged with domestic violence or would like more information, call the Law Office of Brian J. Miller for a free consultation at (801)984-3815.
This article is for general personal reference and is not intended to serve as legal advice. This blog post does not create an attorney-client relationship. If you have questions regarding a legal matter, contact an attorney for legal advice.
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