A domestic violence charge against you is serious and cannot be taken lightly. Like all serious crimes, there are criminal penalties like fines and jail time that come with a domestic violence conviction. Additionally, even getting charged with domestic violence can make people think differently of you. Friends may distance themselves, and you may find difficulty living in certain areas or getting certain jobs. With so many things at stake, it is incredibly important to mount a strong defense against domestic violence charges.
There are several ways that you can combat domestic charges in Utah. You can provide evidence that you and the victim are not cohabitants, or you can prove that you did not carry out any of the crimes that may lead to domestic violence charges. Prosecutors need to prove that defendants both committed and are cohabitants with the victim, so disproving either of those things can prevent a domestic violence conviction.
To get a free review of your case from our Utah domestic violence defense attorneys, contact Overson Law at (801) 758-2287.
How Does Utah Define Domestic Violence?
In Utah, there is no specific “domestic violence” crime. Instead, domestic violence constitutes other conduct in a domestic violence context. Under Utah Code § 77-36-1(4)(a), domestic violence is defined as committing acts that would constitute another crime listed in § 77-36-1(4)(b) in a domestic context.
Utah’s definition of domestic violence differs slightly from some other jurisdictions. In other jurisdictions, there is a requirement that both parties live together. That is not the case in Utah. Individuals who don’t live together can commit domestic violence crimes against each other. So, if someone accuses you of domestic violence, you should still seek out our Utah domestic violence defense lawyers even if the other person does not live with you.
Domestic violence crimes happen when one “cohabitant” commits a crime against another. Per § 78B-7-102(5), cohabitants are anyone either emancipated or over 16 years old who is the other party’s spouse, lives as if they were the other party’s spouse, is related to the other party as either a blood relative or by marriage, has one or more children with the other party – unborn or otherwise – lives in the same location as the other party, or is has or had sexual relations with the other party. Parties specifically defined as not being cohabitants are parents of minor children or minor siblings.
How to Disprove Domestic Violence Charges in Utah
In criminal proceedings, a defense attorney’s job is to advocate for their client and defend them against the charges leveled against them. There are many ways to do this, but it all more or less boils down to poking holes in the prosecution’s case. Remember, the burden of proof in criminal proceedings is “beyond a reasonable doubt,” which is the highest standard of proof in the legal system. Because of that high burden of proof, a prosecutor’s case must be as air-tight as possible. At trial, they may try to minimize things that hurt their case and emphasize things that help them. Our job as defense attorneys is to do the exact opposite.
You and the Victim are Not Cohabitants
For a domestic violence charge to stick, you and the victim must be cohabitants. As previously discussed, this can mean more than just people who live together. However, if our lawyers can show to the prosecutor that you and the victim were not cohabitants, a domestic violence conviction should not be entered.
For example, suppose the victim of domestic violence is a co-worker who you do not live with and do not see outside of work. That person is likely not a cohabitant, so you would not be able to be charged with domestic violence against them. However, any prohibited conduct against that person can still be charged as a different crime, so it is still important to mount a legal defense.
Disprove Elements of the Crime
When prosecutors bring criminal charges against someone, they are looking to prove criminal conduct by showing that the defendant meets every element of a certain crime. “Elements” can be thought of as components of a crime. Essentially, if the prosecutor cannot show every element to be true, then they cannot convict the defendant of a given crime. Therefore, one way to fight against domestic violence charges is to attack the elements of the specific crime you are being accused of.
For example, suppose a prosecutor is bringing a domestic violence case against you for aggravated assault, which is defined under Utah Code § 76-5-103 as causing or attempting to cause bodily injury to someone else while either using a dangerous weapon or chocking someone or otherwise attempting to cut off circulation or airways. If the facts demonstrate that you did not have a dangerous weapon or did not try to choke the victim, then the elements of aggravated assault are not met, and you cannot be convicted of that crime. Alternatively, suppose you call the cohabitant to have them pick up their belongings after they have moved out and subsequently prosecutors charge you with harassment, which is defined under Utah Code § 76-5-106. In that case, you had a legitimate reason – having the person pick up their belongings – to call them, so it would not meet the elements of harassment. Note, however, that for more serious crimes such as aggravated assault, the prosecution may still be able to seek a less serious offense for the same conduct, which could still result in a domestic violence conviction.
Call Our Utah Domestic Violence Defense Attorneys Today
For a free, confidential evaluation of your case, call Overson Law’s Lehi, UT domestic violence defense attorneys at the number (801) 758-2287.
