Multiple Felony Charges of Domestic Violence in the Presence of a Child

A Payson Utah man is facing multiple felony charges of domestic violence in the presence of a child following an assault on a woman in front on her children.

911 hang-up call

Photo by: Philippe Put

Photo by: Philippe Put

Police were dispatched to a Payson Utah home after a 911 hang-up call. The emergency dispatcher who received the call stated that although it was brief, they could hear a distraught woman screaming and shouting in the background. When police arrived, one of the children opened the door and officers found their mother bruised and bleeding from a large laceration to her head.

Wrong use of a kitchen utensil

36 year old Aaron Garcia, a former mixed martial arts (MMA) fighter was arrested for charges including aggravated assault after the woman stated Garcia hit her on the head with a wooden rolling pin. Garcia had been drinking heavily prior to the assault and was unable to recall details of what prevailed that evening besides that he was getting cross with the woman throughout the day. After searching the home, a wooden rolling pin was located, bloody and broken. Garcia is facing five third degree felonies following the assault at the Payson home, each with a maximum penalty of 5 years in prison and $5,000 fine.

Domestic violence

Photo by: Nari Sin

Photo by: Nari Sin

One of the charges against Garcia is for the aggravated assault on the woman which is also considered domestic violence, although an additional charge for that specifically was not issued. Domestic violence is thought to take place between spouses; however it can be any violent behavior between multiple occupants of the same living environment. It was not reported what relationship Garcia had to the woman he assaulted. All that is known at this time is that Garcia and the woman were both residents of the same address. There is a possibility that Garcia was the woman’s spouse, yet he could have also been a live in boyfriend or just a roommate.

Domestic violence in the presence of a child

Although Garcia wasn’t charged with domestic violence for his assault on his cohabitant, his other four third degree felonies came from charges of domestic violence in the presence of a child because there were children present during the attack. Utah Code 76-5-109.1 states “A person commits domestic violence in the presence of a child if the person: ( . . . ) intentionally causes serious bodily injury to a cohabitant or uses a dangerous weapon [like a rolling pin] or other means or force likely to produce death or serious bodily injury against a cohabitant in the presence of a child.”

One charge per child present

Domestic violence in the presence of a child

Photo by: Natesh Ramasamy

Although there was only one assault in question, Garcia is facing four charges of domestic violence in the presence of a child likely due the fact that there were four children home when the violence took place. Utah Code 76-5-109.1(5) explains when a person violates the above section “when more than one child is present [they are] guilty of one offense of domestic violence in the presence of a child regarding each child present when the violation occurred.”

Consecutive vs concurrent

When someone is charged with a crime, they may not seek legal counsel if they assume the prosecution has a rock solid case. However, there are other important reasons to be represented by an attorney. When someone is facing multiple offenses, if they are found guilty the judge can decide whether the sentences are to be run consecutively or concurrently. Consecutive sentences are served one after another; in Garcia’s case that would equal up to 25 years in prison. Concurrent sentences are all served at the same time; for Garcia, that would mean no more than five years for all charges combined. If anyone is facing charges for multiple offenses, speak with an attorney to find out options for defending the charges or at least reducing the prison terms.

Assault on a Pregnant Woman

A Spanish Fork man was arrested last week for charges related to assault on a pregnant woman after he sexually and physically assaulted a woman and locked her in the basement.

Physical and sexual assault

Photo by: Teresa Rodríguez

Photo by: Teresa Rodríguez

32 year old Jeff Jackson was arrested December 31st 2015 after the pregnant woman he assaulted contacted police after escaping from the basement in which she was temporarily being held captive. The victim had signs of physical abuse such as bite indentations and bruising along with other nondisclosed injuries. The abuse also took place in front of the victim’s minor children. Jackson is facing sexual offenses along with aggravated assault.

Taking food from a pregnant woman

Photo by: KittyKaht

Photo by: KittyKaht

Another case of assault on a pregnant woman happened in Salt Lake City earlier last month. An intoxicated man stumbling around in the parking lot of 7-11 approached an obviously pregnant woman leaving the convenient store and stole her pizza that she had just purchased. Stealing pizza from a pregnant woman is illegal (not to mention dangerous), and the intoxicated pizza thief made his charges worse by striking the pregnant woman in the face afterward.

Assault on a pregnant woman

Photo by: daniel julià lundgren

Photo by: daniel julià lundgren

Assault on a pregnant woman carries higher penalties as the stress of the assault could lead to health complications such as premature labor. According to Utah Code 76-5-102, simple assault is class B misdemeanor. This is unless there is “substantial bodily injury” or in a case of assault on a pregnant woman, in which it therefore becomes a class A misdemeanor. The charges are only increased however if it known that the woman is pregnant. Until a woman is further along in her pregnancy, it is often difficult to tell that she is with child without asking (which is strongly discouraged). For those facing assault on a pregnant woman when it was unknown that the other party was pregnant, contact a criminal defense attorney to discuss how to proceed.

Squatter Charged with Aggravated Assault for Chasing Homeowner with Machete

A squatter has been charged with numerous offenses including aggravated assault for chasing the homeowner away with a machete.

Surprised homeowner

Photo by: Marcelo Braga

Photo by: Marcelo Braga

A Kearns Utah family came home to an unwanted holiday surprise when they returned to inspect the damage of their home after it suffered a terrible fire earlier in December. The homeowner noticed a car in the driveway and once inside, called out to the uninvited guest. They then observed the man leave the house and decided to follow him outside. It was there that the squatter, 25 year old Scott Thomson appeared with a machete threatening the homeowner with bodily harm.

Aggravated Assault

Although Thomson didn’t actually hurt the homeowner, the fact that he threatened them with harm is what brought the assault charges. Utah code 76-5-102 states that even attempting to do someone harm is considered assault. Adding what code 76-5-703 states is a “deadly weapon” raised that offense to aggravated assault. Threatening to do harm without causing bodily injury is assault, a class B misdemeanor. Making that same threat while holding a machete is aggravated assault, a 3rd degree felony. Charges of course increase if there is essentially harm done to the victim.

Aggressive, high, or scared?

It is unknown what Thomson’s state of mind was when he chased the homeowner away with a machete. There were drugs found at the scene and it is entirely plausible that he was under the influence of narcotics. Whether he acted out of aggression toward someone crashing his solo house party of out of fear of being caught didn’t matter to the responding officers. Once he advanced toward the homeowner while holding the machete he was facing aggravated assault charges. Acting unwisely in the heat of the moment is a precursor to many charges, including assault and aggravated assault. Requesting the aid of a criminal defense attorney will help bring all the surrounding factors into consideration before the judge decides on sentencing and punishment.