DOMESTIC VIOLENCE DEFENSE LAWYER
The Right Domestic Violence Attorney for your Case
Our lead domestic violence attorney, Steven K. Burton, is a former prosecutor who has handled hundreds of domestic violence cases. His extensive experience with these cases has shown him the best strategies for winning domestic violence cases and how to avoid the hidden traps in Utah domestic violence law. As a prosecutor, he oversaw domestic violence programs in multiple Salt Lake County courts. As a defense lawyer, he uses his in-depth knowledge to help people facing domestic violence charges.
When you hire Intermountain Legal, you get a team of attorneys who are dedicated to defending your rights and protecting you from serious future consequences. Because our team has experience on both sides of the legal system, we know what works and what doesn't. The domestic violence laws in Utah are extremely strict and can cause long-lasting consequences. The attorneys on the other side are professionals, and without a professional on your side, you are facing a losing battle. Our experience will help you level the playing field and give you the best chance for success.
The Challenge of Defending Domestic Violence Cases
Over the past several decades, domestic violence laws across the country have become more and more strict. Utah is no exception. Utah lawmakers have tried to "crack down" on domestic violence by making more laws and increasing the penalties.
Unfortunately, these strict laws have caused serious problems for more people than expected. The laws are now so broad that people often commit domestic violence without realizing it. If you have ever gotten upset with a family member or roommate and intentionally or accidentally broken something, chances are you've committed domestic violence. Or if you have ever pushed or slapped or hit someone you lived with, even once, you could be convicted of domestic violence.
The current domestic violence laws also pressure police officers to make an arrest and file charges even in unclear or minor cases; and if they don't, they have to justify their actions in a report. This means that many people who would have never been charged 15 or 20 years ago, are now going to jail and facing life-long consequences for anything domestic violence-related. If you are convicted of domestic violence today, you can lose your job, your ability to volunteer, your right to travel to certain countries, and your right to own a firearm. The potential fines, jail time, classes, and probation can also be severe.
Contact an Experienced Attorney
If you have been charged with domestic violence, you will need an experienced criminal defense attorney on your side. The domestic violence lawyers at Intermountain Legal deal with domestic violence cases day in and day out. We have handled nearly every type of domestic violence case and have had great success in many courts throughout Utah. If you are looking for a Utah domestic violence attorney who knows the ins and outs of the law, please call to speak with one of our attorneys today. We will ensure that your case is evaluated by a legal professional with experience in handling your type of case.
If you have been charged, contact Intermountain Legal in Salt Lake City for your free consultation. We will analyze and discuss your options with you and provide valuable legal insight for your situation. To contact a Utah domestic violence attorney throughout Northern and Central Utah, call 801-970-2800.
For Additional Information on Utah Domestic Violence Laws, See the Following Sections:
Domestic Violence Attorney in Salt Lake City
If you are looking for the best domestic violence defense lawyers in Salt Lake City, give us a call for a free consultation. Intermountain Legal is the only law firm in Utah with attorneys who specialize specifically in defending domestic violence and violent crime cases. Our lead domestic violence lawyer, Steve Burton, is a former domestic violence prosecutor. He handles more domestic violence cases than any other type of case. Because of his expertise, he trains other defense attorneys on how to defend domestic violence cases and is the leading defense expert at the Utah State Legislature when new domestic violence laws are being considered. Steve and our other domestic violence attorneys defend cases in Salt Lake City and throughout Utah.
Consequences of Domestic Violence Charges in Utah
Domestic violence charges can be devastating. Even misdemeanor domestic violence charges can have life-altering consequences if they are not handled correctly. Because of the sensitive nature of domestic violence, domestic violence laws in Utah have become extremely strict. Utah is a “mandatory arrest” state, which means that in most cases, when someone is accused of domestic violence, law enforcement is required to make an arrest.* This is even true when the person making the accusation doesn’t want anyone to be arrested. Additionally, even though domestic violence assault is the most common type of accusation, the definition of domestic violence is extremely broad, and includes 29 different offenses such as property damage, harassment, trespassing, interruption of a communication device, and disorderly conduct. The broad definition includes altercations with intimate partners, former intimate partners, siblings, parents, roommates, and former roommates. Unfortunately, this can lead to charges that are exaggerated, unfair, or blatantly false.
If you are charged with a domestic violence offense, you are immediately faced with consequences that put you at a disadvantage before you’ve even had a chance to defend yourself. Some of the consequences of simply being charged with domestic violence include:
- A mandatory arrest if law enforcement believes there is “probable cause” that you committed a domestic violence offense*
- A “Jail Release Agreement” requiring no contact with the other person involved (and possibly including your own children)
- An immediate public record that you are charged with domestic violence
- Mandatory court appearances to respond to the charges
- A restriction preventing you from possessing firearms
In addition to the consequences of being charged with a domestic violence offense, if you are convicted of domestic violence, the potential consequences include:
- A permanent criminal record for domestic abuse - this will show up on background checks and may prevent you from certain jobs, promotions, loans, housing, and volunteer opportunities
- Jail or prison time
- Loss of employment
- Up to 36 months of probation
- Permanent loss of Second Amendment right to possess a firearm
- Permanent loss of hunting rights
- Inability to rent housing from landlords who require a background check
- A ban from visiting certain countries, such as Canada
- A mandatory domestic violence assessment and 16+ weeks of classes or treatment
- Deportation if you are not a citizen or permanent resident
Defenses Against Domestic Violence Charges in Utah
Despite all of the challenges associated with defending domestic violence charges, our Salt Lake City domestic violence attorneys have more than 20 years of combined experience successfully handling domestic violence charges and we are experts at evaluating your case and finding the best way to protect your interests. When we take a case, we evaluate the evidence and consider several defenses to domestic violence charges, including:
- Lack of proof - After you have been charged, in order to convict you, the government must prove beyond a reasonable doubt that you are guilty of each element set forth in the statute.
- Lack of witnesses - In order to prove their case, the government must have witnesses to give evidence in court. If witnesses are unavailable or unwilling to testify (and have a valid legal reason to refuse to testify), you may be able to force a dismissal of the case. Unfortunately, even if the alleged victim wants the case dropped, many prosecutors will attempt to proceed even without a cooperative victim witness.
- Charge does not meet the legal elements - Every statute has a set of specific elements that must be proven in court through witness testimony. For example, if you are charged with domestic violence assault, even if the prosecutor can prove you pushed your spouse, if they cannot prove that it caused injury or pain, or had a significant likelihood of causing injury or pain, then the elements cannot be met and the case must be dismissed.
- Lack of criminal intent - All crimes require that a person have a specific mental intent. Sometimes a charge requires that you intentionally commit the crime. Other times it only requires that you act knowingly or recklessly.
- Self defense - You are legally justified in using force if you reasonably believe that your actions are necessary to defend yourself against being injured (Utah Code 76-2-402)
- Defense of property - You are legally justified in using force, other than deadly force, when you reasonably believe that your actions are necessary to prevent damage to your property (Utah Code 76-2-406)
- Evidence obtained unconstitutionally - If law enforcement violated your constitutional rights in order to obtain evidence against you, that evidence cannot be used against you at trial.
How to Defend a Domestic Violence Case in Utah
If you are charged with domestic violence in Utah, you will be required to go to court to respond to the allegations. You will have several choices to make. The first choice is whether to plead guilty or not guilty. 90% of the time it is better to plead not guilty at the beginning of the case. If you plead guilty, a conviction for domestic violence will go on your criminal record and will appear on background checks. You will also be subject to possible jail time, fines, probation, and the other consequences mentioned above. The only way to get a chance to explain your side of the story and try to have your charges dismissed or reduced, or to exercise your right to fight your case at trial is to plead not guilty up front.
If you plead not guilty, the second choice will be whether to defend yourself, ask the court for a court-appointed public defender, or hire a private defense attorney. For some cases such as traffic cases or infractions, a person can represent themselves without too much risk. However, for nearly all other cases it is much better to have an attorney who is familiar with the law to advise you of your best course of action and to help you achieve a better outcome. If you cannot afford an attorney, you can ask the court to appoint one for you. The court will have you answer questions about your income, assets, and financial obligations to determine whether you qualify. A significant advantage of having a public defender is that you will save thousands of dollars up front, but still have a lawyer to advise you. A disadvantage is that you will not get to choose who the lawyer is that represents you.
Defend Your Rights with Experienced Attorneys
Alternatively, if you have the ability to hire an attorney, you will be able to choose a private defense attorney that is best for you. If you hire the right attorney, this will give you the best chance of getting the case dismissed or minimizing the consequences on your future. In most cases, having an attorney will help you stay out of jail and may allow you to prevent a conviction from ultimately going on your record.
Once you have an attorney, you and your attorney will be able to view the evidence against you and decide what strategy will be best in your specific case. If the government has strong evidence against you, usually your best option will be to strategically negotiate the case in a way that avoids the major consequences associated with a domestic violence conviction. If the evidence is weak, then your best option may be to fight the case and exercise your right to have a trial. Without question, the best way to know whether to negotiate or fight the case is to have a lawyer who has handled several hundreds of similar cases who can examine the details of your case and advise you as to your best course of action. We think you will see that Intermountain Legal has the best domestic violence attorneys in Utah to represent you specifically on domestic violence cases.
Secure the Best Outcome for Your Case
Lastly, if you and your attorney conclude that your best course of action is to fight the charges, against you, will have the right to fight the case at trial. A good attorney will be able to put a trial strategy together and use all available legal defenses to defend you. This will give you the absolute best chance to be found not guilty and avoid the potentially severe consequences associated with domestic violence cases.
If you are facing charges and are looking to fight the case or minimize the long-term consequences, we suggest you consult with an experienced domestic violence attorney. If you contact Intermountain Legal, we will discuss your options with you and if we agree to take your case, we will immediately start working to protect your interests and put you in the best position to achieve a successful outcome.
* If the officer decides to issue a citation instead of making an arrest, the law requires the officer to write a detailed written report justifying why they did not make an arrest. As a practical matter, this means most police departments require their officers to make an arrest in domestic violence cases.
