Domestic Violence Charges in Utah

Utah does not have one domestic-violence crime; an ordinary offense such as assault or criminal mischief committed against a cohabitant is a domestic violence offense with step-up penalties for repeat offenders. A class B misdemeanor domestic violence offense becomes a class A misdemeanor if committed within 10 years of a prior domestic violence conviction (five years if the prior was a property-damage offense), and a class A misdemeanor offense becomes a third degree felony (up to five years) in that situation; a class B misdemeanor assault-type offense becomes a third degree felony with two qualifying prior convictions. Choking or strangling anyone is aggravated assault, a third degree felony, or second degree if it causes loss of consciousness. Committing serious domestic violence (including choking) in the presence of a child is a separate third degree felony, and other domestic violence in the presence of a child is a class B misdemeanor for each child present.

Utah's rule on court-appointed lawyers: A court shall find an individual indigent if the individual has an income level at or below 150% of the United States poverty level, or has insufficient income or other means to pay for legal counsel and the necessary expenses of representation without depriving the individual or the individual's family of food, shelter, clothing, or other necessities, considering property, debts, dependents, the probable expense of defending the case, and other relevant factors. An individual who transferred or disposed of assets after the offense in order to become eligible may not be found indigent. The court may rely on an affidavit of indigency and may make a finding of indigency at any time; inability to submit the affidavit does not prevent a finding or the appointment of an indigent defense service provider. Utah Code § 78B-22-202 (effective 11/16/2021)

Lawyers set their own fees, and Utah has rules on how they may charge. See hiring a criminal defense lawyer in Utah for fee rules, how to check a lawyer's license and free help.

How release before trial works in Utah: An individual charged with or arrested for a criminal offense shall be admitted to bail as a matter of right, except when charged with a capital felony with substantial evidence to support the charge; a felony committed while on parole, probation, or bail for a previous felony; a felony where the court finds by clear and convincing evidence that the individual would be a substantial danger to others or the community, or is likely to flee; a felony where the individual violated a material condition of release while previously on bail; and certain domestic violence and impaired-driving offenses described in the statute. Not being lawfully present in the United States creates a rebuttable presumption of flight risk. When issuing an arrest warrant or finding probable cause, a magistrate issues a temporary pretrial status order releasing the individual on recognizance, setting conditions, or ordering detention; detention is required for an individual arrested for a felony committed while on felony parole, probation or pretrial release who is or would be a habitual offender. A pretrial status order is issued at the first appearance. Conditions must be reasonably available and reasonably ensure appearance, the safety of witnesses, victims and the public, and that the individual will not obstruct justice. If a financial condition (other than an unsecured bond) is necessary, the magistrate or judge refers to the statutory financial condition schedule and considers the individual's risk of failing to appear and ability to pay, setting a single amount per case. Utah Code §§ 77-20-201, 77-20-205 What happens after an arrest.

Each state sets its own rules for sealing or expunging records. See Utah expungement and record sealing rules.