Utah laws are set up so that almost any crime can be classified as domestic violence. Crimes such as trespassing, assault, criminal mischief (destruction of property), disorderly conduct, etc. can all be classified as domestic violence if they involve “cohabitants” or former cohabitants. This means that if you commit any crime, and that crime was committed against anyone you live with, have lived with, or have a blood relation to, then you can be charged with domestic violence against that person.
In the case of domestic violence criminal trespass, if you are a former cohabitant or blood relative of the person who owns or lives at the trespassed property, then you can be charged. Utah trespassing laws define criminal trespass in several ways. The law states that a person is guilty of trespass if he enters or remains on someone’s property, intending to cause annoyance or injury or intending to commit a crime, or being reckless as to whether his presence will cause someone else to fear for their safety. A person may also be charged if he knows his entry onto property is unlawful and notice against entering is given by fencing designed to exclude intruders, or by signs that are reasonably likely to come to the attention of intruders.
To speak about other details of Utah domestic violence law or to get a free consultation with an attorney at Intermountain Legal, call 801-990-4200.
Domestic violence criminal trespass is usually classified as a Class A or B misdemeanor. If the trespassing occurred within a person’s dwelling, it is classified as a Class A misdemeanor. If it occurred on property that is not a dwelling, it is classified as a Class B misdemeanor. The penalties can range widely and depend on several factors, including a person’s criminal history, the severity of the conduct, mitigating or aggravating factors, the skill of your attorney, etc. For a Class A misdemeanor, the judge can impose between 0 and 365 days in jail and a fine of $0 to $2,500 (plus surcharge). For a Class B misdemeanor, the judge can impose between 0 and 180 days jail and $0 to $1,000 (plus surcharge).
For first offenses, the judge will rarely impose jail time. However, the consequences for having a domestic violence conviction can be very severe and long-lasting. If you are convicted of domestic violence, you may lose your Second Amendment right to possess a firearm for the rest of your life, and it will be placed on your criminal record which can be seen by employers or during other background checks. The record of the case will also become public record and will be available online.
Consult our experienced lawyers today
The attorneys at Intermountain Legal have had extensive experience dealing with domestic violence cases in Utah. Attorney Steven K. Burton is a former prosecutor who now works as a defense attorney. Steve uses his knowledge and experience to give you the best advice and help you develop the best strategy to defend a case. If your best option is to fight the case, he knows which tactics work and which don’t. If your best option is to negotiate, he uses his knowledge to get your charges reduced or kept off your record. To speak with a reliable lawyer in Salt Lake City, call 801-990-4200.