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.

Domestic Violence in Utah

Domestic violence is a serious problem worldwide, and Utah is by far no exception.

Wife and her dog

One of the several cases of domestic violence this month in Utah left a woman with facial wounds, a dog in surgery, and a man in jail. Earlier this month, a 40 year old Santaquin Utah man was arrested for multiple charges when he was involved in a fight with a woman at their home. After hitting the woman in the head in front of her children, he then stabbed her service dog- nearly killing it. While it is unknown what sparked the argument that ended with physical aggression, domestic violence rarely needs a rational reason.

Legal definition

Photo by: West Midlands Police

Photo by: West Midlands Police

Utah Code 77-36-1 identifies domestic violence as “any criminal offense involving violence or physical harm or threat of violence or physical harm, or any attempt, conspiracy, or solicitation to commit a criminal offense involving violence or physical harm, when committed by one cohabitant against another.” 77-36-1 also states that it can . . . include “commission or attempt to commit, any of the following offenses by one cohabitant against another:

(a) aggravated assault . . .
(b) assault . . .
(c) criminal homicide . . .
(d) harassment . . .
(e) electronic communication harassment . . .
(f) kidnapping . . .
(g) mayhem . . .
(h) sexual offenses . . .
(i) stalking . . .
(j) unlawful detention . . .
(k) violation of a protective order . . .
(l) [some] offense[s] against property . . .
(m) Possession of a deadly weapon with intent to assault . . .
(n) Discharge of a firearm from a vehicle, near a highway, or in the direction of any person, building, or vehicle . . .
(o) Disorderly conduct . . .
(p) Child abuse . . . “

Penalties  for charges can range from a misdemeanor to a felony depending on the offense in question.

More than assault

Domestic violence is typically seen as a physical assault on a person, usually a spouse. What is unknown to many however is that it can also be delivered as mental and emotional abuse. The Utah Domestic Violence Coalition states: “Domestic violence can be physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person. This includes any behaviors that intimidate, manipulate, humiliate, isolate, frighten, terrorize, coerce, threaten, blame, hurt, injure, or wound someone.”

Not just between couples

Domestic violence takes place frequently between couples but it can also occur with children, elderly family members, and even roommates with no blood relationship. As long as the victim and the assailant are cohabitants, then domestic violence charges can occur from any violent or threatening episode between the two parties.

Domestic violence away from home

Although the most common setting, domestic violence doesn’t always take place at a residential building such as a home or apartment. It can be any harm done to someone by a person they live with, regardless of where they are when the attack takes place. A spouse that starts a fight with their significant other at work, or a parent that slaps their child around in front of the school are both cases in which domestic violence charges could ensue.

Statistics & penalties

Compiling statistics of domestic violence cases in Utah is difficult, as many of them go unreported. The reports that are compiled base their information on injuries and deaths of women at the hands of men. While there are many women who are the victims of domestic violence, it isn’t uncommon to see the man as the one being hurt. These new findings can create a lot of confusion for officer who respond to domestic violence calls. All too often “who is at fault” is not completely clear to police upon arrival. This can lead to false or misguided charges against a person. For anyone facing charges of domestic violence, whether the charges are justified or not, speak with an attorney immediately.

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.