UTAH CRIMINAL DEFENSE

McADAMS LAW PLLC

DOMESTIC VIOLENCE CRIMES IN UTAH

Due to the severity of the allegations, all domestic violence accusations are taken seriously by the police, prosecutors, and judges. In many instances, people can be falsely accused of domestic violence. Domestic violence crimes cover a wide variety of situations and are prosecuted liberally whenever the alleged victim is a co-habitant of the accused. This can include relationships where the alleged victim is the accused's current or former spouse, significant other, family member, child, or roommate. 

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Charges can be based on many different types of activity including assault and actual violence, stalking, child abuse, violations of protective orders, harassment, kidnapping, false imprisonment, and more. Domestic violence cases are not always simple due to the complicated nature of human relationships. There are always two sides to every story, and it can be difficult to see fact from exaggerated fiction in many situations. Child custody battles, divorce disputes, money, and property disputes often muddy the water adding further complexities. A seasoned attorney practicing in criminal law will be able to thoroughly investigate your case and provide the strongest possible defense.

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UNDERSTANDING DV IN UTAH

Understanding Domestic Violence in Utah

According to Utah law, the term "domestic violence" refers to a pattern of behavior within a relationship where one partner employs abusive or aggressive actions to acquire or uphold power and control over their intimate partner. This includes acts committed against individuals with whom you no longer reside or may have never lived with initially. Additionally, Utah’s definition of domestic violence extends beyond instances involving physical violence to encompass a broader range of offenses. It can include emotional, sexual, or psychological abuse to the victim. Domestic violence victims can also include extended victims, such as other family members who witnessed, or could have witnessed, the abusive behavior.

Level of Charges in Utah Domestic Violence Cases

Utah prosecutors and judges treat domestic violence charges very seriously. Charges for domestic violence can vary significantly, including low level misdemeanors and serious felony charges carrying significant prison time. The level of charges may vary from case to case, depending upon the facts and circumstances of each case and the individual history of each defendant. Additionally, individuals with prior convictions for domestic violence offenses may face enhanced penalties.

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PENALTIES FOR DOMESTIC VIOLENCE in utah

Criminal charges for domestic violence in Utah can vary from a low-level misdemeanor all the way to a first-degree felony. For misdemeanors, this can mean anywhere from ninety days in jail and up to one year. If the offense is charged as a felony, the sentence can include anywhere from a year in prison up to a maximum sentence of life in prison.

Additionally, domestic violence convictions will impact second amendment rights to keep and bear arms. Under Utah and federal law, individuals convicted of domestic violence offense are deemed “prohibited possessors” or “restricted person,” meaning they are immediately prohibited from owning or possessing any guns or firearms. Any permits to carry concealed weapons will be automatically revoked.

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The Role of a Criminal Defense Attorney

You should consider several key factors when hiring an attorney to defend against domestic violence charges. You need an attorney with nuanced understanding necessary to navigate the complexities of these charges. Look for an attorney with significant experience handling domestic violence cases and a proven track record of success in similar cases.

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Effective communication is another vital factor – your attorney should be able to clearly explain legal proceedings, potential outcomes, and defense strategies. You want an attorney who is readily available to address your concerns and is genuinely dedicated to advocating for your rights.

CHOOSING THE RIGHT ATTORNEY

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Andrew McAdams has many years of experience in criminal law and has handled hundreds of domestic violence related offenses. His experience includes handling everything from violation of protective orders to child abuse and homicide charges. He is a former prosecutor who is not afraid to stand up in court and fight for your rights. He also is an effective and careful negotiator who will aggressively advocate on your behalf. 

McAdams Law PLLC is the right choice whether you are seeking an attorney to aggressively fight your case in trial or wanting to explore other favorable alternatives to resolve your case. Andrew will expertly protect all of your interests and help you arrive at the optimal solution in your case.