Why you need skilled legal help if charged with domestic assault

If someone’s romantic partner or their neighbor calls the police during an argument, an arrest might lead to domestic assault charges. Those accused of engaging in interpersonal violence against someone who lives in the same home as them or with whom they share a romantic relationship may end up accused of domestic assault in a situation where both parties may have done something inappropriate or aggressive.

Sometimes, because Utah typically prosecutes such cases as misdemeanors, people don’t take these charges as seriously as they should. In truth, anyone accused of domestic assault would likely benefit from discussing defense options with a lawyer as soon as possible after their arrest.

Misdemeanor charges can result in serious penalties

Even though domestic assault is often a misdemeanor offense, it will lead to significant penalties determined by the judge overseeing the case and also a long-term criminal record. The state will charge someone with a Class A or Class B misdemeanor for domestic assault. Depending on what kind of charges the prosecutor pursues, the penalties could include up to 364 days in jail and fines of up to $2,500.

A criminal record can be as concerning as the penalties imposed by the courts, as the social stigma associated with domestic violence can be rather intense. Future landlords and employers, as well as educational institutions, may decline to extend an opportunity to someone convicted of a domestic assault offense. In some cases, people will lose their jobs over a guilty plea or conviction. They may also face estrangement from their families, their faith community, and their neighbors because of the stigma that comes with a domestic assault charge.

Firearm prohibitions for persons convicted of domestic violence

Utah prohibits firearm purchase or possession by individuals convicted of domestic violence misdemeanors. In 2023, Utah enacted a limited law prohibiting firearm access for five years for those convicted two or more times.

Further, any cohabitant who has been the victim of domestic violence can also petition the court for an ex parte protective order and specifically request that the individual convicted of domestic violence be prohibited from purchasing, using, or possessing a firearm. If the court issues the protective order, the court immediately reports it to the Bureau of Criminal Identification within 48 hours of issuing the order. Within 48 hours of receipt from the court, the Bureau must report the order to the FBI’s National Instant Background Check System (NICS).

Any violation of these firearm prohibitions can lead to serious felony weapon charges.

Thankfully, there are often several viable defense strategies possible when the state accuses someone of domestic assault. Showing that someone acted in self-defense or that police officers misinterpreted the situation, for example, might help someone avoid a conviction.

Therefore, those arrested and arraigned for domestic assault should review their situation with a lawyer to plan a viable defense strategy. Reviewing the situation that led to someone’s arrest with an attorney familiar with domestic assault cases in Utah may help someone avoid what could be a life-altering criminal conviction.