Being arrested for domestic violence can be a very stressful and confusing experience. You may not know what to do or how to protect yourself. This blog post will provide you with some tips on what to do if you are arrested for domestic violence. If you find yourself asking what to do if I’ve been charged with a crime, you’ve come to the right place. Hiring a criminal defense lawyer from Stowell Crayk will solve the question.
What is considered domestic violence?
In Utah, any criminal offense involving violence or physical harm or threat of violence or physical harm, when committed by one cohabitant against another, is considered domestic violence. Some of the most common crimes that lead to domestic violence charges in Utah include:
- Assault: This includes any intentional act that causes or is likely to cause physical injury to another person.
- Aggravated assault: This is a more serious form of assault that involves the use of a weapon or that causes serious bodily injury.
- Stalking: This is the repeated following or harassing of another person in a way that causes them to fear for their safety.
- Harassment: This includes any unwanted or threatening communication that causes the victim to feel intimidated or scared.
- Kidnapping: This is the unlawful taking or carrying away of another person against their will.
- Sexual assault: This includes any type of sexual contact or penetration that is forced or unwanted.
- Child abuse: This includes any physical or emotional harm to a child by a parent or caregiver.
- Violation of a protective order: This is the act of contacting or coming near someone who has been granted a protective order against you.
The penalties for domestic violence convictions in Utah vary depending on the severity of the offense. However, they can include jail time, fines, probation, and mandatory counseling. In addition, a domestic violence conviction can have a negative impact on your employment, housing, and child custody rights.
If you are facing domestic violence charges, it is important to speak with an experienced criminal defense attorney. An attorney from Stowell Crayk can help you understand your rights and options, and can represent you in court.
What to Do If I’ve Been Charged With a Crime
If you are arrested for domestic violence, the most important thing you can do is not speak to the police without a Stowell Crayk attorney present. Anything you say can and will be used against you in court. You also have the right to an attorney, so ask for a lawyer as soon as possible. Do not sign anything without reading it first, and be polite and cooperative with the police.
Here are some additional things to keep in mind:
- Call a friend or family member to let them know what happened. They can help you find a lawyer by visiting stowellcrayk.com and support you through this difficult time.
- Do not try to run away or resist arrest. This will only make things worse.
- Be aware of your rights and what to expect during the arrest process.
How to get released from jail:
- Post bail. Bail is the amount of money that you must pay to be released from jail while your case is pending. The amount of bail is set by the judge, and it is based on a number of factors, such as the severity of the charges, your criminal history, and your ties to the community. If you can afford to post bail, you will be released from jail until your trial.
- Request a bail reduction. If you cannot afford to post bail, you can ask the judge to reduce the amount of bail. The judge will consider your financial situation and the strength of the evidence against you when making a decision.
- Be released on your own recognizance (ROR). ROR is a type of release that does not require you to pay bail. You are released from jail on the promise that you will appear for your court dates. ROR is not always available, and the judge will consider a number of factors when making a decision, such as your criminal history and ties to the community.
Penalties for domestic violence in Utah
The penalties for domestic violence in Utah vary depending on the severity of the offense. However, they can include:
- Jail time: The maximum jail sentence for domestic violence in Utah is 5 years. However, the actual sentence will be determined by the judge and will depend on the specific circumstances of the case.
- Fines: The maximum fine for domestic violence in Utah is $5,000.
- Probation: Probation is a period of time during which you are not in jail, but you are under the supervision of the court. You may be required to complete certain conditions, such as attending counseling or staying away from the victim.
- Mandatory counseling: You may be required to attend counseling as part of your probation or sentence. This counseling can help you understand the dynamics of domestic violence and learn how to avoid it in the future.
- Restraining order: The court may issue a restraining order that prohibits you from contacting or coming near the victim. Violating a restraining order is a crime and can result in additional penalties.
- Loss of employment or housing: A domestic violence conviction can have a negative impact on your employment and housing. Some employers and landlords may refuse to hire or rent to you if you have a domestic violence conviction.
- Loss of child custody: A domestic violence conviction can also affect your child custody rights. The court may decide that you are not a fit parent if you have been convicted of domestic violence.
Here are some of the specific things that a domestic violence lawyer can do:
- Help victims obtain restraining orders: A restraining order is a court order that prohibits the abuser from contacting or coming near the victim. A domestic violence lawyer can help victims file for a restraining order and can represent them in court if the abuser challenges the order.
- File for divorce: If the victim is married to the abuser, a domestic violence lawyer can help them file for divorce. They can also help the victim negotiate a divorce settlement that protects their rights and the rights of their children.
- Seek child support and alimony: If the victim has children with the abuser, a domestic violence lawyer can help them seek child support and alimony. Child support is money paid by the non-custodial parent to support their children. Alimony is money paid by one spouse to the other spouse after divorce.
- Help victims navigate the criminal justice system: If the victim has been charged with domestic violence, a domestic violence lawyer can help them navigate the criminal justice system. They can represent the victim in court and can help them get the best possible outcome.
If you or someone you know is experiencing domestic violence, please reach out for help. There are many resources available, including domestic violence lawyers. You are not alone. Call Stowell Crayk if you are wondering what to do if I’ve been charged with a crime.