charges Archives - Utah Criminal Defense Attorneys

Is Emotional Abuse A Crime In Utah?

info@utahwebdesignpros.com — Tue, 07 Jan 2020 22:54:55 +0000

[vc_row][vc_column][vc_column_text] Unfortunately, the answer is not as clear-cut as the question. Although courts, laws, and the legal system itself are doing a better job of acknowledging emotional abuse to prevent it. Emotional abuse is a subset of psychological abuse and can also be referred to as “mental abuse” or even “psychological violence.” It can be roughly defined as subjecting or exposing someone to behavior that can lead to trauma, anxiety, depression, and even post-traumatic stress disorder.

When we think of emotional abuse, we often see images in our head of people yelling at each other, calling harsh names, and being unduly rude or short-tempered. Although it is not necessarily illegal to frequently call someone a hurtful word, emotional abuse can be used as evidence to show other crimes. Below are a couple of examples.

When emotional abuse can lead to criminal charges.

Child endangerment or elder abuse: The law puts extra protections on society members that will typically have more challenging times defending themselves. In the case of children, the law typically makes it illegal to conduct behavior that unjustifiably causes mental suffering to a minor. The same principle can be more or less applied to the elderly and can be considered elder abuse.

Harassment or stalking: Perhaps one person is sending many unwanted texts, phone calls, or emails. These items can be used as evidence to create a restraining order. It only helps build a stronger case if these messages are damaging due to abrasive and demeaning language.

Criminal threat: We all tend to say things we do not mean from time to time. Most of us would not look good when our words are taken out of the context when they were spoken. Regardless, words spoken, written, or recorded can be used to show that the receiving person had a reasonable fear for their safety. This is another example when alleged emotional abuse can lead to other criminal charges.

What can you do if you have been accused of emotional abuse?

Hopefully, the above content helped shed a little light on the issue. Every case is unique and so at the circumstances of your relationships and charges. As we like to say at our firm, “just because you did, it doesn’t mean you’re guilty.” That is because we realize there are always two sides to every story. Our attorneys are here to help have your voice be heard in the eyes of the law. If you live in West Jordan or Salt Lake City, we are happy to have a case review regarding any criminal charges you are facing. [/vc_column_text][/vc_column][/vc_row]

What if you are caught with another’s prescription drugs?

info@utahwebdesignpros.com — Mon, 13 May 2019 16:16:07 +0000

Medication possession charges commonly lug rigid fines. In Utah, the penalty for medicine’s belongings depends on the type and quantity of the medication located on an individual and the people’s past criminal background.
Potential costs connecting to the property of prescription-only medication in Utah
Unlawful ownership of a prescription-only medication
Individuals might be convicted of illegal belongings of a prescription-only medicine when they purposefully possess prescription-only drugs belonging to one more person, including friends and family participants. To be convicted of illegal medicine possession, the state should verify that the charged intentionally possessed the medication, which the accused recognized that the drug was a prescription-only medication.
The fines for possessing a prescription-only medication are relatively moderate compared to other drug costs. Illegally having a prescription-only drug is a violation and also lugs with it a sentence up to 6 months behind bars, potentially up to $4,575 in penalties and even fines, and also three years on probation.
Ownership or use a hazardous drug.
” Harmful medicines” are defined as any numbing besides marijuana and also consist of particular prescription medications, such as Oxycontin, Percocet, Vicodin, and also benzodiazepines. Although the criminal offense components are similar to the illegal prescription-only drugs, property or use of a harmful drug brings with it a far more rigid charge. This criminal offense is a case four felony and is punishable by up to fifteen years behind bars, depending on the accused’s prior criminal history.
Judges have the authority to sentence accused convicted of harmful drug possession as a course one misdemeanor. Better, under Proposal 200, defendants that are initial or second-time medication transgressors can just be punished to probation, in addition to medication therapy, community service as well as penalties. Although offenders might be sentenced for short jail stays for approximately two weeks for probation infractions, the court must renew probation upon the conclusion of jail time.
Medicine trafficking: Possession of Medicines for Sale/Transportation of Medications for Sale
Belongings and the transport of drugs for sale are among the most severe medicine fees and are course two felonies. Defendants that are caught marketing prescription medicines might be charged with belongings or transport of drugs to buy. Defendants who are found to have a specific quantity of prescription medications will undoubtedly be assumed to have been selling the medicines.
Defendants convicted of drug trafficking charges are not eligible for parole. They may be punished to approximately 12.5 years in prison for initial transgressors and approximately 35 years behind bars for repeat culprits. Novice culprits who remained in possession of amounts of the medication below the limit of presumption of sale are eligible for a 240-day parole sentence. All other transgressors should serve jail time for medicine trafficking.
Defenses Versus Charged with One more Individual’s Prescription Medicine
Wrongdoer defense attorneys assault prescription medicine costs by showing that 1) the defendant did not knowingly possess the prescription drug; 2) the drug located on the accused was not a prescription medication, as well as 3) raising various constitutional violations.
Issues connecting to belongings
To obtain a conviction on a prescription medication associated offense, the prosecution has to prove both that the offender knew she or he remained in the ownership of the prescription drug, which the medication located on the accused remained, in fact, a prescription medicine. One of the most straightforward methods for the prosecution to confirm the offender understood the medication is to verify that the defendant had real possession of the drug, implying the prescription medication was located on the defendant’s person.
One more means the prosecution can show that the offender understood the prescription medications if the offender had useful possession of the prescription medicines, indicating that the drugs were located in places that remained in the offender’s control, such as in the accused’s cars and truck or house. However, it is a lot easier for a defense attorney to strike the prosecution’s opinion that the offender knew the prescription medicines in situations including useful possession, considering that the prosecution must confirm that an additional person did not position the medication in the defendant’s home or automobile.
Problems relating to verifying the drug is a prescription medicine.
The prosecution commonly requires to offer evidence of testing of the medicine found in the defendant’s possession, validating the medicine was, in truth, a prescription medicine. To complete this, the prosecution has to establish an unbroken chain of custody from the moment the drug was seized from the offender to the time the medicine was tested. Additionally, the treatments the laboratory-made used to check the medicines will likewise likely come under examination throughout the defense attorney’s interrogation.
Constitutional challenges
A defense attorney may elevate a selection of constitutional infractions in protection against prescription medication and trafficking charges. These might include concerns such as
Miranda civil liberties infractions:
These attacks were associated with the incorrect recitation of the defendant’s Miranda rights.
Spontaneous admissions:
Suppose cops push an accused into admitting to the commission of a criminal offense forcibly, scare tactics, hoax, or various other ways, after that. In that case, the offender’s 5th Change right versus self-incrimination might have been violated.
Illegal searches, as well as seizures:
Suppose authorities lack likely to browse an offender’s home, cars, truck, or individual. In that case, all of the proof obtained from that search might be tossed out, potentially making prosecution of the accused impossible or too challenging.
Rejection of right of advice:
If authorities refuse the accused access to counsel upon request before questioning or stop working to recommend the defendant of the right to advise, any info obtained from the offender throughout the inquiry might be excluded from proof.
Theoretical Prescription Medication Charge Situations
Hypothetical # 1:
The policeman observes signs the defendant is under the influence and fairly suspects the offender may have prohibited prescription medicines. The offender is charged with Sale and Transport of Drugs for Sale. The offender suggests that she had no expertise in the trunk’s drugs and that a person else put them there.
Hypothetical #2:
A defendant has obtained a huge quantity of drugs and is saving them in his home. One evening, a law enforcement officer knocks on the door and demands to search the accused’s residence. The offender refuses to allow the officer to search his house. However, the police officer has no warrant proceeds to browse the house anyway and discovers the drugs. The offender is billed with Belongings of Unsafe Medicines offer for sale. The offender suggests that the search was unlawful and submits a motion in limine to exclude every evidence found by the officer. Locating that the policeman had no likely reason or warrant to look at the defendant’s residence, the court gives the accused’s movement, and also the costs against him are dismissed.
Even more, under Proposal 200, defendants that are first or second-time medication wrongdoers can just be sentenced to probation, in addition to medical therapy, community service, and also fines. Defendants that are captured offering prescription medicines might be charged with possession or transportation of drugs for sales. Offenders discovered to have a specific amount of prescription drugs will be assumed to have been offering the drugs.
The prosecution commonly needs to supply proof of testing of the medication located in the offender’s possession verifying the drug was, in truth, a prescription drug. The prosecution has to establish an unbroken chain of custodianship when the medication was confiscated from the defendant to the time the medicine was evaluated.

What are the marijuana possession charges in Utah?

info@utahwebdesignpros.com — Tue, 23 Apr 2019 15:55:34 +0000

It may come as no surprise that Utah was one of the first states to outlaw marijuana. The criminalization of this substance happened clear back in 1915. As of this article’s writing, marijuana is classified as a Schedule I controlled substance in Utah. Citizens who favor legalization for either medicinal or recreational use can find themselves in a frustrating place. In many ways, the societal views of cannabis, weed, or pot use have changed and will probably continue to do so. States like Colorado, Nevada, and California have legalized the use of this substance for medical and recreational use. The idea that something is legal in one state, then illegal in another, is philosophically intriguing.

Marijuana possession charges in Utah

Regardless of what our neighboring states are doing, one thing is still certain. It is illegal to carry any amount of cannabis in Utah without specific approval; if you or a loved one has been arrested for possession, the following charges depending on the amount in your possession at the time of the arrest.

One ounce or less – class B misdemeanor
- Up to six months of jail time
- Up to $1,940 in fines and an assessment
- Possession in a drug-free zone such as a school, church, or park can result in a charge being upgraded to a class A misdemeanor
Between one ounce and one pound – class A misdemeanor
- Up to 12 months of jail time
- Up to $4,790 in fines and an assessment
Between one and 100 pounds – a third-degree felony
- Up to five years in Utah State Prison
- Up to $9,540 in fines
Over 100 pounds – a second-degree felony
- Up to 15 years in Utah State Prison
- Up to $19,040 in fines and an assessment

The implication of weed charges

Most people find themselves in a position where they have less than one pound of marijuana. Relative to other drug charges, the penalties can seem relatively light. This is especially true if you are a first time offender and happened to find yourself in the wrong place at the wrong time. When you have a small amount of marijuana or paraphernalia in your possession, the central area of concern may be other areas besides fines or jail time. Salt Lake City drug crime attorneys can help deal with the overall impact of a drug charge. This includes having the crime stay on your permanent record or the suspension of your driver’s license. If you or a loved one has been arrested and charged with possession or distribution, you should consider speaking with an attorney near you.

Domestic Violence and its Consequences

info@utahwebdesignpros.com — Wed, 17 Apr 2019 18:48:17 +0000

There are countless facets of domestic violence. Many people are aware of the physical nature of these crimes. This includes hitting, biting, slapping, pinching, pushing, and other forms of violent damage towards someone. Typically domestic violence between a cohabitant, family member, or relationship partner. It is usually categorized as a single instance or pattern of abusive behavior. Domestic violence is not always physical, and it is not still a situation of men abusing women.

Domestic violence charges in Utah

The law leaves room open for situations that are not necessarily physical violence to be a domestic violence charge. For example, if someone damages property to express their anger, it is criminal mischief and can result in a domestic violence charge. Another example involves stalking cohabitants. This can include doing things like following that person, monitoring their phone or email, and sending unwanted/unwarranted gifts. It can also include mental or emotional abuse in which a person fears for their safety or preservation of life.

The consequences of domestic violence

Essentially a domestic violence charge has the same impact as an assault charge. This can have serious, long-term ramifications for everyone involved. Anyone can be a victim of domestic violence, and anyone can be accused of domestic violence for various reasons. At The Ault Firm, we are concerned with justice. This means the accused parties deserve a right to defend themselves just as much as the accusers deserve a right to make their claims known. If you have been charged with a domestic violence crime, we are here to help tell your side of the story. Call today to request a case review.

Understanding Assault in Utah

info@utahwebdesignpros.com — Fri, 12 Apr 2019 23:38:54 +0000

Several assault charges can be imposed in Utah. These charges range from a Class B Misdemeanor up to a 3rd Degree Felony. Before we get in too deep about the various assault levels, let’s discuss the difference between assault and battery.

Assault vs. Battery in Utah

The main difference between these two crimes comes down to a threat instead of an actual violent act. Traditionally someone could be charged with assault by threatening someone with physical violence. Battery entails that actual acts of violence that cause minor to serious bodily harm. The statutes pertaining to assault charges now cover almost all battery situations as well. This means that there is not a “battery” crime apart from the sexual battery.

Degrees of Assault Charges

Most assault charges include the following elements in one capacity or another:

Class B Misdemeanor

An attempt or showing of an unlawful attempt to do immediate physical bodily harm to another person.
A committed act that imposes bodily injury to someone else.

Class A Misdemeanor

The charges can be increased to a higher class if the injuries sustained are substantial.
The attacked person is pregnant, and the individual knowingly attacked that person despite their pregnancy.

Felony Assault Charges

A felonious assault charge can be placed if the person uses a weapon during the attack.
The injuries are so severe that the person attacked could have died as a result of the damage.

Below is a look at the minimum penalties as a result of these charges.

2nd Degree Felony: 1-15 years in prison, $10,000 fine.
3rd Degree Felony: 0-5 years in jail, $5,000 fine.
Misdemeanor A: 1 year in jail, $2,500 fine.
Misdemeanor B: 6 months in prison, $1,000 fine.

The judge can decide the severity of the punishments depending on the circumstances of the case. Although it is unlikely that a first offender will get the maximum sentence of jail or prison time, it is possible. More likely than not, convicted offenders can expect a combination of jail/prison time, fines, community service, and possible anger management classes.

We have published an article dealing with self-defense claims as a means of justifying these offenses. If you have been charged with assault, the ramifications can be quite significant. If you have been charged in Utah, we suggest contacting The Ault Firm attorneys to request a case review.

A Look at Prescription Drug Charges in Utah

info@utahwebdesignpros.com — Thu, 03 Jan 2019 14:49:23 +0000

[vc_row][vc_column][vc_column_text]Utah has a culture that is unique from other states. From the perspective of outsiders, we live clean, healthy, and overall sober lifestyles. This is perhaps due to more than any other reason for many religious residents who live in Davis, Salt Lake, and Utah County. It is rare to have many such people living together in the United States, sharing a similar ideology. Despite our relatively family-friendly and “restrained” appearance, we have a disproportionate problem with opioid abuse.

A few statistics on Utah’s prescription drug abuse

Utah has ranked as high as number 5 in the total number of deaths due to prescription drug overdose use. Even though that number is currently on a slight downward trend, we saw a 400 percent increase between 2013-2015.

Our home state reports that over 40% of our population is an active member of the Church of Jesus Christ of Latter-Day Saints. As most of us know, this organization has a strict anti-drug policy. However, a high number of addicts are members. This could primarily be due to users not viewing drugs prescribed by a doctor as illicit, dangerous, or illegal.

Only 1 in 10 residents suffering from a problem receive treatment to help them overcome their addictions.

What should I do if I have a prescription drug charge?

Local law enforcement has cracked down on the recreational use of prescription drugs over the past five years. Any time you take a pill that was not on a prescription written specifically for you, it is a crime. Painkillers such as codeine, ketamine, and hydrocodone, are the most common drugs used recreationally. First offenders are usually charged with a Class B misdemeanor and can face fines and up to 6 months in jail. This can even be applied by accepting a friend’s pill to help with a bad headache.

The severity of the punishments will increase if you are charged to sell the drugs for profit. These possession charges are usually a third-degree felony and can come up to 5 years in prison and a $5,000.00 fine. Punishments such as these are life-changing enough, but the social issues and stigma are oftentimes worse. People often report difficulty finding jobs and other social obstacles in their way. Our legal team knows the challenges someone faces when charged with prescription drug abuse or distribution. If you or a loved one in Utah would like to speak to a knowledgeable defense attorney, contact our office today.

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