QUESTION
First time domestic violence (criminal mischief) offender
Asked on Aug 25th, 2020 on Domestic Violence - Utah
More details to this question:
Hello. Here’s the situation: my friend and his girlfriend who lives in the same house as him got in a fight. He broke the room door while trying to open the door. He didn’t hit her or touched her. But in our state that’s enough for somebody to be arrested for domestic violence. At his jail release it showed he was getting charged with criminal mischief, although he has another paper saying he was the ofender and his gf the victim. It’s his first time getting charged with Domestic Violence. Should he plead guilty? What could happen to him?
1 ANSWER
Criminal Defense Attorney serving Salt Lake City, UT
Partner at
Law Office of Brent J. Huff
2 Awards
Never plead guilty until you have a chance to review the evidence against you with a lawyer. In the meantime, he should not speak to anyone about what did or did not happen. Criminal Mischief is a property crime: destroying the property of another person. Criminal Mischief is considered to be a crime with a victim, i.e. the proetry owner. In Utah, Criminal Mischief can be charged as a crime of Domestic Violence, where the victim of the crime is a Cohabitant of the person. A Cohabitant is someone with whom you have lived, married, had children, or been in a consensual sexual relationship.
He needs an attorney. At his first hearing, the judge can appoint him a public defender if he cannot afford an attorney. It would be wise for him to consult with some attonreys before then.
Answered on Aug 26th, 2020 at 7:30 AM