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Domestic Violence: Discharge of a Firearm


Discharge of a Firearm: Domestic Violence Attorneys



Legal Definition:

Discharge of a Firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle (domestic violence) is the commission or attempt to discharge a firearm in such a manner by one cohabitant against another.

Discharge of a Firearm (Domestic Violence)

Utah Code §76-6-507 & Utah Code §77-36-1

Degree

Discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle (domestic violence) is a class B misdemeanor.

Elements

A defendant commits a class B misdemeanor discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle (domestic violence) when they discharge any kind of dangerous weapon or firearm:

  • from a automobile or other vehicle;
  • from, upon, or across any highway;
  • at any road signs placed upon any highway of Utah;
  • at any communications equipment or property of public utilities including facilities, lines, poles, or devices of transmission or distribution;
  • at railroad equipment or facilities including any sign or signal;
  • within Utah State Park buildings, designated camp or picnic sites, overlooks golf courses, boat ramps, and developed beaches;
  • or without written permission to discharge the dangerous weapon from the owner or person in charge of the property within 600 feet of: a house, dwelling, or any other building; or any structure in which a domestic animal is kept or fed, including a barn, poultry yard, corral, feeding pen, or stockyard.
Fine

Class B misdemeanor: A fine not to exceed $1,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(d), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

Class B misdemeanor: A term in jail not to exceed 6 months.
(Utah Code Ann. §76-3-204(2))

Bail

Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent to the release of an offender who has been arrested for domestic violence, it was the finding of the Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is substantial evidence to support the charge, and if the court finds by clear and convincing evidence that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))

Addition Sentence for Domestic Violence

In addition to penalties otherwise provided by law, the court may:

  • Order defendant to participate in an electronic or other type of monitoring program; and/or
  • Order defendant to pay all or part of the costs of counseling incurred by the victim and any children affected by or exposed to the domestic violence offense;

The court will:

  • Order cost of any services or treatment provided to the victim and affected children of the victim; and
  • Order the defendant to obtain and satisfactorily complete treatment or therapy in a domestic violence treatment program, that is licensed by Utah’s Department of Human Services, unless the court finds that there is no licensed program reasonably available or that the treatment or therapy is not necessary.
    (Utah Code Ann. §77-36-5(3)(4) and (5))
Driver License

The court shall: notify the Driver License Division of the conviction for purpose of any revocation, denial, suspension, or disqualification of a driver license; and specify in court at the time of sentencing the length of the revocation. (Utah Code Ann. §76-10-507(3))

Firearms

A defendant convicted of possession of discharge of firearm from a vehicle, near a highway, or in direction of any person, building, or vehicle (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))


Other Criminal Charges

Learn more about crimes related to Discharge of a Firearm (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.