Facing a violent crime charge? Branson West is here to help, brining decades of Utah courtroom experience to your defense.
Violent Crimes
Branson West Law
Although they cover a broad spectrum, a violent crime is one in which one or more parties are harmed or threatened with violence.
Violent crimes, like any crime, can come with a hefty price tag in fines and other consequences. It should be stressed that getting charged with a violent crime doesn’t mean you’re a bad person — and it certainly doesn’t mean the end of the world. Oftentimes, it’s a huge misunderstanding between the parties involved, which is why it’s all the more critical to have a skilled violent crimes lawyer in Utah .
Of course sometimes it’s a little more complicated, but whatever the case is and whatever the crime is, Branson West Law is the criminal defense lawyer here to help build your defense.
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Branson K. West is Experienced with a Variety of Criminal Cases & Situations
learn more about Utah violent crimes
Assault
An assault charge can mean trying to hurt someone, threatening to hurt them, or actually causing physical harm. It doesn't require physical contact, but it can include it.
Aggravated Assault
Aggravated assault involves using a dangerous weapon, causing serious bodily injury, or using force likely to cause serious harm. In Utah, one of the most common ways this charge arises is through choking or impeding another person’s airway.
Domestic Violence
In Utah, domestic violence is not a standalone crime but a designation applied to any offense where the alleged victim is a cohabitant, spouse, partner, or family member.
Criminal Mischief
Criminal mischief involves intentionally damaging someone else’s property. This can include breaking windows, destroying phones, or other forms of vandalism.
Resisting Arrest
Resisting arrest includes using force or actions to avoid being taken into custody, such as pulling your hands away or refusing to be handcuffed. Penalties may increase if threats or injuries are involved.
Assaulting an Officer
Assaulting a police officer is charged more seriously than other assault cases and often comes with increased penalties, especially if injury is involved.
Unlawful Restraint
Unlawful restraint means restricting someone’s movement without legal authority, such as holding them against their will or even blocking an exit so they don’t feel free to leave. It often arises in domestic or emotionally charged situations.
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If you're facing criminal or DUI charges, don't wait. Branson West offers free, confidential consultations to help you understand your rights, the charges against you, and what steps to take next. With decades of experience and a deep understanding of the Utah court system, Branson provides honest, straightforward legal insight, whether you choose to move forward with him or not.
Examples of Violent Crime
There are many kinds of violent crimes that you may be accused of and charged for. Each has their own specific definitions and consequences. Some violent crimes are interconnected and depending on your history and extent of the crime, you could be facing some serious consequences.
Examples of violent crimes and what they can mean for you:
Assault and battery are two separate things, but they’re often paired together as they exist in the same space. Assault refers to the act which causes the victim to apprehend imminent physical harm, while battery refers to the actual act causing bodily harm. An assault can be a threat that is real or implied, while battery is the actual physical harm that accompanies an assault.
Assaulting an officer refers to the crime of committing assault against a law enforcement officer or a military service member in uniform. As in most states, assaulting an officer is a serious offense and a conviction carries stiff penalties. A first offense is punishable in Utah by up to a year in jail and $2,500 in fines. This charge is one that is frequently added to a list of primary charges, so the penalties will be added to any penalties resulting from any other related convictions.
A charge of assault can be considered as aggravated assault if the person is accused of using a dangerous weapon or other means in the assault that would be considered to likely result in death or serious bodily injury. This is a very serious charge to have against you, for if you’re convicted you could face up to 15 years in prison and $10,000 in fines.
Criminal mischief usually refers to illegal behavior that results in property damage. A criminal mischief charge can be considered a misdemeanor or a felony, depending on the extent of criminal mischief, as well as if it puts other people's safety at risk. A Utah criminal mischief charge can carry penalties of years of jail time and thousands of dollars in fines.
Domestic violence is defined as acts of violent behavior committed by one cohabitant of a household against another. Most domestic violence cases are often caused by misunderstandings between two individuals that can be peacefully resolved. Domestic violence also covers a wide variety of criminal actions, such as trespassing on property and electronic communications. Because of that, charges on domestic violence become rather complicated since a heated argument between a couple that resulted in a broken plate is considered domestic violence.
Not all arrests are lawful or based upon probable cause. Still, an attempt at resisting arrest in Utah can lead to additional charges. It is also possible that an overzealous police officer might try to justify the use of excessive force by claiming that the person was resisting arrest. In Salt Lake City and across Utah, prosecutors will often add resisting arrest to a list of charges, frequently based on little to no evidence of actual resistance.
If charged with unlawful restraint, you must have intentionally or knowingly detained or restrained someone. There are many factors affecting an unlawful detention case including the state of mind of the alleged offender and whether the victim was actually detained or restrained. If each element of unlawful detention charges cannot be proven by the prosecutor, you should receive a “not guilty” result. Whatever the case, take note that cases of unlawful restraint are quite complex and should be handled by a more-than-capable violent crimes lawyer.
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Frequently Asked Questions
The Miranda rights for each citizen and non citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your attorney may ask that any statements made to the police not be used against you in a Utah Court.
These rights include:
- the right to remain silent
- the right to a lawyer present while you are questioned
- the right to an appointed lawyer if you cannot afford one.
An arrest can be frightening and stressful. Don't hesitate to call {phone} for a free and confidential consultation or to get all your questions about your rights answered.
Even if your significant other does not testify, there can still be a case against you. If they refuse to testify, they become unavailable witnesses, but their previous statements can still be used against you. If they filled out a report on the date of your arrest, that report can be entered against you, and may be worse than if they testified at your criminal trial.
Unfortunately, the victim does not represent the government or Utah Courts. Although they are required to consider the victim's circumstances and wishes, the prosecutors ultimately represent the people of Utah and the respective cities--not the victim. They are not paid by, nor do they represent the victim, or the police, for that matter. Even if the victim, or any other involved individual wanted the prosecutor to drop a case, the decision to do so still belongs to the prosecutors.
Unfortunately, providing character witnesses won't convince a prosecutor to drop your criminal or DUI charges. Most people can find someone to vouch for them if it comes down to it. Whether or not you are a good person is not the question. You may be a valuable contributor to society, but that ultimately will not matter to the prosecutor. Their job is to evaluate the evidence and get a conviction where possible. Save your breath and hire an experienced criminal defense attorney!
This is something I hear all too often. Sometimes well-meaning cops make mistakes and sometimes they let their emotions get the best of them. Either way, this is a great reason for a criminal defense trial in Utah. Just because they said you did something, doesn't make it true! Assert your rights and fight for the truth at your trial! You would be surprised how often a jury won't believe a policeman. Do they face consequences for lying? Not unless you fight them. Make them come to court and defend their lies. You have a right to testify, if you choose, and your word is just as valuable as theirs!
The Cost of Violent Crime
