Kelly Moore

Domestic and Relationship Violence

Assault

Source: http://www.ascentlawfirm.com/drug-crimes/

Date Rape

Rape accusations are some of the most damaging for an individual. Whether the accused is found guilty or innocent of a rape crime, the stigma attached to those convicted can last a lifetime. In the state of Utah, date rape penalties are severe.

Lengthy prison time, fines, mandatory sex offender registry, and loss of reputation are just some of the consequences of a date rape conviction.
If you have been charged with date rape, your freedom and reputation are both at stake. You need an attorney who is accustomed to taking on these types of offenses, and who has a history of success in the courtroom.

Date Rape Information Center

Date Rape Defined
Penalties for Date Rape
Defenses Against Date Rape

Date Rape Defined- §76-5-402

Utah code treats the definition of rape as a catchall, therefore, there is no specific statute defining date rape. Utah defines rape as an actor having sexual intercourse with another person without the victim’s consent.

Penalties for Date Rape

Due to the lack of a specific statute dealing specifically with date rape, the penalties for this offense mirror those for a standard rape offense.

Date rape is a first-degree felony typically punishable by a minimum of five years to life imprisonment. These penalties are adjusted according to specific circumstances including whether the actor was armed, the victim’s age, and whether this is the actor’s first offense.

Defenses against Date Rape

Unfortunately, it is not uncommon for a person to be accused of date rape on the basis of sexual activity which he or she believed to be consensual. This may occur due to the alleged victim changing his or her mind or feeling guilty about the fact that he or she engaged in sexual intercourse.

In some cases, the accuser may simply remember the facts differently than how they occurred. Even so, the prosecutor may move ahead with charges on the accuser’s word.

The best way to defend against accusations of date rape is to begin working with an experienced and effective sex crimes lawyer right away. Speaking about the accusations to anyone, especially not the accuser or the police is not advised.

Incest

Incest is a marital violation closely related to polygamy and sexual abuse of a child. While it rarely leads to prosecution, incest is a serious offense in the state of Utah and is considered a third-degree felony.

For this type of offense, the prosecution has the burden of proof, and if they fail to eliminate any reasonable doubt, you should not be convicted. In order establish some sort of reasonable doubt; you need a skilled lawyer who can aggressively defend her clients in the courtroom.

Incest Information Center

Incest Defined
Penalties for Incest
Utah’s Incest Resources

Incest Defined

Utah Code §76-7-102: a person is guilty of incest when, under circumstances not amounting to rape, rape of a child, or aggravated sexual assault, he or she knowingly engages in any of the following:

Sexual intercourse between the actor and a person the actor knows has kinship to him or her;
Provides or makes available his seminal fluid for the purpose of insertion or placement into the vagina, cervix, or uterus of a related person by means other than sexual intercourse;
Is a woman 18 years or older who knowingly allows insertion of seminal fluid of a provider into her vagina, cervix, or uterus by means other than sexual intercourse; and
Knows that the seminal fluid is that of a person with whom she has kinship; or
Provides a human egg or seminal fluid to conduct in vitro fertilization, or any other means of fertilization, with the human egg or sperm of a person who is a related person.

Penalties for Incent

Incest is a marital violation carrying a penalty of up to five years in prison, up to $5,000 in fines, or a combination of the two.
In addition to the legal penalties accompanying an incest conviction, the social stigma attached to involvement in an incestuous relationship can be extremely damaging to a person’s reputation.

Utah’s Incest Resources

RAINN: This organization aims to fight incest, sexual assault, and to work towards prevention through education.

National Center for Victims of Crime: This organization provides services for victims of crime and statics on various crimes throughout the country.

Free Consultation with Date Rape Lawyer

Do you need a criminal defense lawyer? If so, please give our office a call for your free consultation (801) 676-5506. We want to help you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Utah Law Resources

What Can Someone Expect After Getting Out of Jail

Utah Securities Lawyer

How Does a Prior Arrest or Conviction Impact a Criminal Case?

Appealing a Divorce Decree

Assault

Source: http://www.ascentlawfirm.com/date-rape/

Monday, October 30, 2017

Should I file for divorce or wait for my spouse to file first?

Not too long ago, parties to any civil actions would race to the courthouse so that they could be the plaintiff, rather than the defendant. Being a plaintiff did carry many advantages back then, and still does today in some litigation. The fact is, that when you are the plaintiff, you are the first who gets to tell your story to the judge or jury, and you usually get the final word as well (in rebuttal).

Family law is different. Family law lawyers typically do not concern themselves with the race to the courthouse. There are exceptions, and I will get to some of those. In Utah, parties to a divorce are Petitioner and Respondent, not plaintiff and defendant. The petitioner is the individual who files the complaint for divorce. The petitioner will pay a filing fee of $318 ($8 for vital statistics). The respondent does not pay the initial filing fee. So in deciding whether you should file first or not, the decision is usually as simple as answering one question: “Do I want to pay the $318 to get the ball rolling now, or should I wait until my spouse files so that he/she can pay the filing fee?”

In other cases, it is not that simple. For example, if you and your spouse have been separated for a three months or more, and are living in different counties (or even states), whoever files first will usually get to decide where the divorce action is handled. That means that if your spouse lives in St. George, and you hire an attorney near Salt Lake City, then you are going to want to file your divorce on the sooner. Why? Because if your spouse in St. George files first, then the case will be handled in St. George and you are going to have to travel to St. George to appear in court. Furthermore, you are going to end up paying your South Jordan Lawyer money to travel clear down to St. George to make an appearance.

Another factor is to consider whether or not you can get divorced from your spouse without having to escalate the proceedings into a dog fight. If you and your spouse can get an uncontested divorce, then it probably does not matter where you file. Rushing into filing a case might hurt your chances of reaching an agreement without attorneys first, saving you a ton of dough.

Can I Get a Divorce if my Spouse Lives in Another State?

Yes. The legal term for this issue is called jurisdiction. So the question is whether the Utah District Court has jurisdiction over a person that does not live in Utah. That is, does the Court have the ability to enforce a decree against a person who does not live in the state of Utah.

A Court has jurisdiction over the divorce proceeding as long as one of the spouses has lived in the county for at least 3 months prior to the commencement of the action. You can read the statute here. That means that even if you have never lived in Utah before, but you and your spouse separated and you have been a resident of Utah for at least three months, the court is probably going to have jurisdiction over your spouse.

In cases where one spouse lives outside of Utah, different procedures must be followed. It is important that you find an attorney who understands these procedures whether your spouse lives in another state, or outside of the county.

When filing for divorce, you must “serve” the documents on your spouse. Your spouse then has 20 days to file an “answer”. However, if your spouse lives outside of Utah, the court will give him or her 30 days to answer. Additionally, in cases where spouses are living in different states, it is not uncommon for both spouses to file for divorce in their respective state. The court will generally defer to whichever case was filed first. This means that if you do not want to be in court in a different state, you better win the race to the courthouse.

Free Consultation with a Compassionate Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

More Divorce Information

Divorce Lawyer

Key Components of a Divorce Settlement Agreement

Divorce vs. Legal Separation in Utah

Divorce Lawyer in Salt Lake City Utah

Business Negotiation Lawyer

Source: http://www.ascentlawfirm.com/should-i-file-for-divorce-or-wait-for-my-spouse-to-file-first/

Assault

Most people consider an assault charge and battery charge to be the same thing.This may be because Utah merges the criminal offenses together.

In some states, an assault is simply a threat of violence or an attempt to do violence against another with the immediate ability to carry out the threat. In Utah, however, an assault can also include actually doing physical harm to another person. Assault is a class B misdemeanor punishable by up to 6 months in jail and a fine.

Assault Charges in Salt Lake City, Utah

Before convicting an individual of assault in Salt Lake City, the State must be able to prove all of the elements of assault found in Utah Criminal Code Section 76-5-101 beyond a reasonable doubt. Under 76-5-101, assault is defined in the following manner:

The offender attempts, with unlawful force or violence, to do bodily injury to another; or

The offender commits an act with unlawful force or violence that causes bodily injury to another or creates a substantial risk of bodily injury to another.

What is Unlawful Force

The term “unlawful force” is defined as an unjustified use of force.

Force is justified when a person reasonably believes that the use of force is necessary to prevent the imminent use of unlawful force or bodily injury from another person.

Lawful force also includes force used by a law enforcement officer acting within the authority of his or her position.

Aggravated Assault

Aggravated assault is a more egregious offense than a simple assault, which increases the severity of the crime to a class A misdemeanor or a felony offense.

Aggravated assault is outline in Utah Criminal Code Section 76-5-103. Accordingly, the Statute defines aggravated assault in the following manner:

The offender attempts, with unlawful force or violence, to do bodily injury to another;

The offender threatens, accompanied by a show of immediate force or violence to do bodily injury to another; or

The offender commits an act with unlawful force or violence, that causes bodily injury to another or creates as substantial risk of bodily injury to another;

The offender commits any of the above actions coupled with any of the following:

A dangerous weapon as defined by Section 76-1-601;

Any act that impedes the breathing or the blood circulation of another person by the offender’s use of unlawful force or violence that is likely to produce a loss of consciousness by applying pressure to the neck or throat; or by obstructing a person’s nose, mouth, or airway; or

By other means or force likely to produce death or serious bodily injury.

Utah Penalties for Assault Convictions

Simple assault is punishable as a Class B misdemeanor.

Class A Misdemeanor –assault is a class A misdemeanor when the offender causes substantial bodily injury to another or if the victim was pregnant.

Class B Misdemeanors -are punishable by up to six (6) months in jail and up to $1,000 fine. Class A Misdemeanors are punishable by up to one year in jail and up to a $2,500 fine. A 90% surcharge may also be added to the fine.

Aggravated assault is a felony offense. If charged as a third degree felony, the punishment is potentially 0-to-five (5) years in prison and up to $5,000 fines plus a 90% surcharge.

Aggravated assault can also be charged as a second-degree felony if, the assault cases serious bodily injury or produces unconsciousness. A second-degree felony is punishable by one- to- fifteen (15) years in the Utah State prison and up to $10,000 fines plus a 90% surcharge.

An aggravated assault can also be charged as a first-degree felony if the assault is targeted at a law enforcement officer and results in serious bodily injury. A first-degree felony is punishable by 5 years-to-life in prison and up to $10,000 fines plus a 90% surcharge.

Fist Fight Altercation

It is also important to note that a consensual altercation is not a defense to criminal assault charges. Many people believe that just because two individuals agree to be in a fight with one another that they will be immune from criminal prosecution.

Additional Resources

76-5-101 –Visit the Utah Legislature’s site to review all of the statutory language associated with a simple assault charge and the penalties associated with a conviction.

Assault Lawyer

For a criminal defense lawyer for assault in Utah call for your free consultation (801) 676-5506. We want to help you clean your criminal record permanently!

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Criminal Law Resources

Criminal Attorney

What Can Someone Expect After Getting Out of Jail

How Does a Prior Arrest or Conviction Impact a Criminal Case?

Michael R. Anderson, Criminal Defense Attorney

Source: http://www.ascentlawfirm.com/assault/

Friday, October 27, 2017

Expungements and Record Sealing

Being convicted of a crime can have long-lasting effects on your future. Employment opportunities are extremely limited for individuals with a criminal record. In addition, depending on the conviction, your housing options may be limited.

Similarly, in your personal life, the social stigma of having a conviction on your record may make you feel isolated.

Although these repercussions may be permanent, they do not have to be. Expungement is an option for many individuals with a criminal conviction on their record. It can offer you a new lease on life and get you back to where you were prior to your conviction.

However, due to the complications accompanying an expungement, it is in your best interest to work with an experienced lawyer familiar with the process.

Expungement Information Center

Expungement Defined by Utah Code
How to Expunge your Record in Utah
Qualifying for Expungement in Utah
Individuals Barred from Expungement
Benefits of Expunging your Record

Expungement Defined by Utah Code

Utah Code §77-40-102(8) defines expungement as a way to seal or restrict access to a petitioner’s record held by an agency when the record includes a criminal investigation, detention, arrest, or conviction.

How to Expunge your Record in Utah

To begin the process of expunging your record, you must first apply to the bureau for a certificate of eligibility and pay an application fee. If the certificate of eligibility is approved for expungement, you must pay an issuance fee.

This certificate must then be filed with a petition for expungement in the court where proceedings occurred or in the district court where the arrest occurred if the proceedings court no longer exists.

A copy of the petition must be delivered to the prosecutorial office, or to the county attorney’s office where the arrest occurred if there were no court proceedings. If the petition is objected, a hearing will be set forth by the court. If the petition is not objected an expungement may be granted.

Qualifying for Expungement in Utah

To qualify for expungement, an individual must have paid all fines, interest, and restitution ordered by the court and all restitution.

In addition, a person must also comply with the required waiting period for each conviction which they intend to expunge. These waiting periods will vary based on the severity of the conviction. Required waiting periods for expungement are as follows:

Misdemeanor convictions in Subsection 41-6a-501(2) or felony convictions in Subsection 58-37-8(2)(g) require a ten years;
Felony conviction- seven years;
Class A misdemeanor or a felony drug possession offense- five years;
Class B misdemeanor- four years; or
Any other misdemeanor or infraction- three years.

Individuals Barred from Expungement

Not everyone with prior convictions is eligible for expungement. Certain violent offenses or sex crimes will not qualify for expungement. The following convictions will bar an individual from expungement:

A capital felony;
First-degree felony;
Violent felonies;
Felony automobile homicides;
Felony violations of Subsection 41-6a-501(2);
A registerable sex offense as defined by Subsection 77-41-102(17);
A criminal proceeding is pending against an individual; or
The petitioner intentionally or knowingly provides falsified information or provides misleading information on the application for eligibility.

Benefits of Expunging Your Record

Expungement can be extremely beneficial for individuals with prior convictions. Expunging your record means that your criminal record will not be visible to the public.

In addition, you may also be open to more housing and education opportunities which would previously require disclosure of a criminal record. Employment opportunities previously requiring disclosure of a conviction may also open up for you.

Expungement Lawyer

We are expungement attorneys in Utah, please call us for your free consultation (801) 676-5506. We want to help you clean your criminal record now.

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

More Expungement Information

Expungement Lawyers

What Can Someone Expect After Getting Out of Jail

Ascent Law Firm Overview

How Does a Prior Arrest or Conviction Impact a Criminal Case?

Michael R. Anderson, Utah Expungement Attorney

Source: http://www.ascentlawfirm.com/expungements-and-record-sealing/

Thursday, October 26, 2017

Drug Crimes

Drug Crimes Information Center

Utah Controlled Substances Act
Drug Classifications
Penalties and Consequences for Drug Convictions
Possible Defenses

Utah Controlled Substances Act

Utah Code §58-37-8 Prohibited acts A prohibits an individual from knowingly and intentionally committing any of the following acts:

Producing, manufacturing, or dispensing, or possessing with intent to produce, manufacture, or dispense, a controlled or counterfeit substance;
Distributing a controlled or counterfeit substance, or to agree, consent, offer, or arrange distribution of a controlled or counterfeit substance;
Possessing a controlled or counterfeit substance with intent to distribute; or
To engage in a continuing criminal enterprise where:
The individual participates, directs, or engages in conduct resulting in a violation of any provision of Title 58 Chapters 37, 37a, 37b, 37c, or 37d; and
Where the violation is a part of a continuing series of two or more violations of Title 58 Chapters 37, 37a-37d, on separate occasions which are undertaken in concert with five or more people with respect to whom the person occupies a position of organizer, supervisor, or any other management position.

Drug Classifications

Schedule I: Some substances in this category include marijuana, acetylmethadol, acetorphine, heroin, and niccodeine.
Schedule II: Substances include codeine, morphine, oxycodone, oxymorphone, and amphetamine.
Schedule III: Includes benzphetamine, chlorhexadol, and buprenorphine.
Schedule IV: This category includes barbital, petrichloral, and modafinil.
Schedule V: This group covers mixtures and compounds of limited quantities of narcotic drugs including codeine, dihydrocodeine, ethylmorphine, diphenoxylate, opium, difenoxin, and tramadol.

Penalties and Consequences for Drug Convictions

For those individuals guilty of a third or subsequent conviction, the punishment is a third-degree felony punishable by zero to five years imprisonment and/or up to $5,000 in fees.

Individuals found guilty of a second-degree felony face anywhere from one to fifteen years imprisonment and/or $10,000 in fees.

Possible Defenses

Drug Crimes Lawyer

When you need a Drug Crimes Attorney in Utah call Ascent Law for your free consultation (801) 676-5506. We want to help you clean your criminal record permanently!

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Ascent Law LLC

4.7 stars – based on 45 reviews

Additional Expungement Resources

How Does a Prior Arrest or Conviction Impact a Criminal Case?

Date Rape

Assault