Charged with Domestic Violence in Utah?
Domestic Violence charges are serious, and should be taken seriously.
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.
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.
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.
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 3rd degree felony.
Offense | Charge | Enhanced Charge |
---|---|---|
2nd Offense | Class C misdemeanor | Class B misdemeanor |
2 |
Class B misdemeanor | Class A misdemeanor |
2nd Offense | Class A misdemeanor | 3rd degree felony |