Determined Prosecutors and Harsh Consequences Require An Aggressive Defense
The first thing you need to know about defending against domestic violence charges is that you are up against the total weight and power of Utah’s justice system. The state’s laws, law enforcement officers, and prosecutors all recognize the serious nature of domestic violence, the vulnerability of victims, and the often tragic outcomes that follow such incidents.
Combined, this means that the second thing you need to know when facing these charges in Salt Lake County is that you need all the help you can get to preserve your rights, save your relationships and reputation, and avoid the severe penalties that follow a conviction. The aftermath of these convictions can include substantial time behind bars, among other consequences.
Hiring an experienced and aggressive domestic violence defense attorney as soon as possible after you’ve been arrested and charged is the most critical thing you can do for your future.
Whether you have been falsely accused or had a momentary lapse in judgment, you need an advocate and ally to help you in defending against domestic violence charges. Your attorney and advocate will work to end this ordeal and get you the best possible outcome.
Related: Finding The Best Criminal Attorney In Salt Lake City
What Is Domestic Violence In Utah?
Utah law defines “domestic violence” as “any criminal offense involving violence, physical harm or the threat of violence or physical harm” by “one cohabitant against another.” The definition of these crimes includes assault, sexual battery, homicide, and kidnapping.
But under Utah’s expansive definition of domestic violence, you can be convicted even if there was no physical violence or harm to the victim. As such, crimes such as stalking and cyberstalking, harassment, voyeurism, and threats of violence can form the basis of domestic violence charges. Defending against domestic violence charges is one of the legal matters that the attorneys at Intermountain Criminal Defense handle best.
To constitute domestic violence, the victim of the underlying criminal offense must be a “cohabitant,” which means an individual who is 16 years old or older who:
- is or was the accused’s spouse of the other party;
- is or was living with the accused as if a spouse;
- is related by blood or marriage to the accused as the individual’s parent, grandparent, sibling, or any other individual related to the accused by blood or relation to the second degree;
- has or had one or more children in common with the accused;
- is the biological parent of the accused’s unborn child;
- resides or has resided in the same residence as the accused or
- is or was in a consensual sexual relationship with the accused.
Once Salt Lake County prosecutors charge you with domestic violence, you’ll discover that Utah has a “no-drop” policy in such cases. This distinct term means that even if the supposed victim asks prosecutors repeatedly to drop the charges, they won’t necessarily do so.
The domestic violence charges may still be upheld, especially if they believe that the victim is recanting their accusation out of fear, intimidation, or financial dependence.
Like all criminal charges, you have rights and defenses when charged with domestic violence. The criminal prosecutors must demonstrate, beyond a reasonable doubt, that the accused committed the offense.
There are several ways that a skilled defense lawyer can create such doubt when defending against domestic violence charges. Here are three strategies your attorney can use to attack and weaken prosecutors’ case against you.
Lack of Evidence
While an allegation alone may be enough for police to charge you with an act of domestic violence, more is required to prove your guilt beyond a reasonable doubt. Prosecutors will need more than the victim’s word against yours to obtain a guilty verdict.
Your Salt Lake City defense lawyer can leverage the lack of other evidence as part of their efforts to display that prosecutors do not have enough evidence to support a conviction. For example, your defense attorney may highlight that:
- The prosecution has no physical evidence that reflects an altercation.
- The prosecution lacks witnesses other than the alleged victim who can credibly testify about what occurred.
- There is a lack of any video, emails, texts, voicemails, or other evidence that reflects threats or acts of violence.
- That there are no prior threats, arrests, or convictions that would suggest you would likely commit an act of domestic violence.
Show That The Alleged Victim Was The Aggressor
In many domestic violence incidents, the person accusing someone of domestic violence was, in fact, the perpetrator of the incident and the one who engaged in violence or threats. In such cases, the accuser’s injuries could be “defensive wounds.
In other words, the person who was attacked fought back to defend themselves, leaving contusions, cuts, scrapes, and other wounds on the accuser.
If that occurred in your case, your attorney will attempt to prove that you acted in self-defense. To help them do so, document any defensive injuries you may have experienced by taking photos after the inciting incident and seeking medical attention. Your lawyer can present any such evidence to cast doubt on the claims against you while defending you against domestic violence charges.
Also Read: Protecting Your Rights – The Importance of Hiring a Skilled DUI Attorney in Salt Lake City
The Alleged Victim Is Uncooperative
As previously noted, an alleged domestic violence victim has no power to “drop the charges” prosecutors bring against you. However, they are also not obligated to assist prosecutors with their case if they so choose.
Prosecutors can continue to seek your conviction even if the purported victim is uncooperative and refuses to testify against you in a court of law. If the supposed victim changes their story about what happened, recants their accusation, or cannot credibly remember the facts about what occurred, it can deal a devastating blow to prosecutors’ ability to prove your guilt.
Domestic Violence Charges In Utah Require an Aggressive Defense Strategy
The Salt Lake City and Utah County criminal defense attorneys at Intermountain Criminal Defense have a long record of successful results defending against domestic violence charges. They will work relentlessly to secure the best possible outcome in every case.
When your freedom is on the line, and you need help defending against domestic violence charges, there is no time like the present to seek an experienced attorney. Contact the Salt Lake City domestic violence defense attorneys at Intermountain Criminal Defense today to arrange for your free initial consultation.
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