A domestic violence conviction can have long-term harmful effects.

Domestic violence is a violent crime. When a person is convicted of a violent crime, they can expect social stigma, decreased trust by the community, and to have less appeal to employers. In addition, they are subject to the secondary penalties that attach to a domestic violence conviction. These are called collateral consequences.

Unlike jail or prison time, fines and probation, these are not the direct effects of a conviction. However, they have a serious impact on the person's life and freedom.

A domestic violence case almost never has a clearly innocent party, or a clearly guilty one. If you or a family member has been charged with domestic violence, it is important that you call us right away. Our defense attorneys will begin working to resolve the case, try to get the charges dismissed, and protect the rights of the accused.

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Firearms

If the accused is convicted of any domestic violence charge, they will lose their gun rights under Federal law - for life. This means that not only will they be unable to purchase or own firearms and/or ammunition, it will be illegal for them to use them also. There are no exceptions for military service*, hunting, collecting, or employment. A domestic violence conviction means a person cannot have a gun - period. Any firearm or ammunition possession by a convicted person is a Federal felony.

*This law mandates the discharge of all service members and armed law enforcement officers who are convicted of domestic violence.

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DNA Specimens

Upon conviction for a domestic violence offense that is a class A misdemeanor or higher, the defendant will be required to provide a specimen to be permanently stored in the national DNA database.

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Enhancement

Any additional domestic violence incident within the next 5 years will be charged as a more serious crime. This is called enhancement.

For example: If a person is accused of a Class A Misdemeanor domestic violence offense in the next 5 years, it will be charged as a 3^rd degree felony.

Offense	Charge	Enhanced Charge
2nd Offense	Class C misdemeanor	Class B misdemeanor
2nd Offense	Class B misdemeanor	Class A misdemeanor
2nd Offense	Class A misdemeanor	3rd degree felony

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If you are accused of one of these offenses against someone you live with, it can be charged as domestic violence.

In Utah, "domestic violence" is a crime - usually violent - committed by one cohabitant against another. In order for the crime to be charged as domestic violence, it must have been committed against someone you are - or have previously been - living with. You can be accused of domestic violence if you physically harm another person that you are living with, or if you threaten to physically harm them, or if you get someone else to do it for you.

Utah Law specifically describes "domestic violence" as any criminal offense involving...

• violence or physical harm, or
• threat of violence or physical harm, or
• any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm
• ...when committed by one cohabitant against another.

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In Utah, "Domestic Violence" also means the commission of - or attempt to commit - any of the following offenses by one cohabitant against another. When a crime is specified as domestic violence, it carries some different penalties. For instance, when a crime is charged as domestic violence, the accused may lose the right to own a firearm for life.

Click on an offense for more information.

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• Aggravated assault (Utah Code Ann. §76-5-103)
• Assault (Utah Code Ann. §76-5-102)
• Harassment (Utah Code Ann. §76-5-106)
• Electronic communication harassment (Utah Code Ann. §76-9-201)
• Kidnapping (Utah Code Ann. §76-5-301)
• Child kidnapping (Utah Code Ann. §76-5-301.1)
• Aggravated kidnapping (Utah Code Ann. §76-5-302)
• Mayhem (Utah Code Ann. §76-5-105)
• Sexual offenses
• Stalking (Utah Code Ann. §76-5-106.5)
• Unlawful detention (Utah Code Ann. §76-5-304)
• Violation of a protective order (Utah Code Ann. §76-5-108)
• Custodial Interference (Utah Code Ann. §76-5-303)
• Arson (Utah Code Ann. §76-6-102)
• Aggravated Arson (Utah Code Ann. §76-6-103)
• Reckless Burning (Utah Code Ann. §76-6-104)
• Causing a Catastrophe (Utah Code Ann. §76-6-105)
• Criminal mischief (Utah Code Ann. §76-6-106)
• Graffiti (Utah Code Ann. §76-6-107)
• Damage to or interruption of a communication device (Utah Code Ann. §76-6-108)
• Burglary (Utah Code Ann. §76-6-202)
• Aggravated Burglary (Utah Code Ann. §76-6-202)
• Burglary of a vehicle (Utah Code Ann. §76-6-204)
• Criminal trespass (Utah Code Ann. §76-6-206)
• Robbery (Utah Code Ann. §76-6-301)
• Aggravated robbery (Utah Code Ann. §76-6-302)
• Possession of a deadly weapon with intent to assault (Utah Code Ann. §76-10-507)
• Discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle (Utah Code Ann. §76-10-508)
• Disorderly conduct (Utah Code Ann. §76-9-102)
• Child abuse (Utah Code Ann. §76-5-109)
• Child abandonment (Utah Code Ann. §76-5-109)
• Commission of domestic violence in the presence of a child (Utah Code Ann. §76-5-109.1)
• Homicide by Assault (Utah Code Ann. §76-5-209)
• Manslaughter (Utah Code Ann. §76-5-205)
• Negligent Homicide (Utah Code Ann. §76-5-206)
• Child Abuse Homicide (Utah Code Ann. §76-5-208)