Posts Tagged ‘Class B misdemeanor’

Criminal Defamation in Utah

Utah Criminal Defense Blog, on the topic of  Utah Legal Definition
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A former Naples (Uintah County) police chief has been charged with criminal defamation in Uintah County Justice Court. Criminal defamation is a class B misdemeanor. Steven Guibord allegedly posted derogatory comments under the name of the current Naples police chief, Mark Watkins, on web pages concerning two Border Patrol agents.

Photo: Danijel Zivkovic

The two Border Patrol agents were killed in the line of duty in May 2011. Memorial web pages were set up in each officer’s name, and Guibord made online comments supposedly referring to the agents as “security officers,” something that law enforcement members consider offensive.

The criminal defamation charge was made because the comments were attributed to Watkins, but the memorial website controllers were able to track down the internet provider (IP) address used by the person who submitted the comments. The IP address was tracked to a laptop provided to Guibord by his employer at the time.

According to the Utah Code, criminal defamation occurs when someone communicates to any person verbally or in writing any information which he knows to be false and knows will tend to expose any other living person to public hatred, contempt or ridicule.

In other words, if you knowingly tell a lie about “Sue” to “John” and John tells others and Sue is publicly ridiculed, you would likely be guilty of criminal defamation and could be subject to any legal penalties. The penalty for a class B misdemeanor could be up to six months in jail.

If you are charged with criminal defamation or any other crime it’s time to call a Utah criminal defense attorney. Don’t assume you will be easily cleared of any charges; the prosecution’s job is to do their best to see you convicted. Take the time to contact an attorney with a vast knowledge of criminal law and experience—both in and out of the courtroom. If your reputation and freedom are at stake, call a qualified Utah criminal defense attorney today.

“Bath Salts” Ban Issued by DEA

Utah Criminal Defense Blog, on the topic of  Crimes, Criminal Defense Misc, Question
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A ban on ‘bath salts,’ a synthetic drug containing potentially dangerous chemicals, has been issued by the Drug Enforcement Administration (DEA). This ban will take place 30 days from its issuance on September 7 and will last for at least one year while the chemicals are studied further and a decision is made as to whether or not the chemicals should be permanently controlled. These are not like the bath salts commonly used in bathing. The chemicals used in the ‘bath salts’ being banned are synthetic stimulants known as mephedrone, methylenedioxypyrovalerone and methylone.

What Are “Bath Salts”?

Photo: Raquel Baranow

The news release issued by the DEA states that the synthetic stimulants found in so-called ‘bath salts’ or ‘plant food’ (as they are also known), have properties which mimic the effects of cocaine, LSD or methamphetamines. Some people who have consumed the products containing these stimulants have been known to have hallucinations, chest pains, disorientation, paranoia and so forth. ‘Bath salts’ are popular particularly among teens and young adults. Thirty-three states have already banned ‘bath salts’ or are taking action to ban the substances.

Utah’s Stand on “Bath Salts”

Utah is one of the states that has banned “bath salts”. Governor Gary Herbert signed the bill making the product illegal in February of this year. It is currently a class B misdemeanor to possess synthetic “bath salts”, and it is a third-degree felony to manufacture or distribute the product. Until the bill was signed by the governor, it was legal to possess synthetic ‘bath salts’ and use them, thus giving people the ability to experience a legal high.

Additional Side Effects of Using “Bath Salts”

The problem with this type of high is the immediate physical and mental problems that come about as a result of using drugs that have such an effect. Abuse of any drug, legal or not, can create a whole set of problems that are unexpected and unintended.

Don’t wait to get medical help if you have a drug problem. On the same note, don’t wait to get legal help if you’re involved in any criminal proceeding that involves possessing, manufacturing or distributing ‘bath salts.’ You may have started using “bath salts” because you could legally buy them in your local smoke shop, and now you find yourself in trouble with the law. An experienced Utah criminal defense attorney will understand that people get into situations that they can’t get out of alone. Get the legal assistance you need today.

Utah Boating Laws

Utah Criminal Defense Blog, on the topic of  Criminal Defense Misc, Question
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Although summer is winding down for your kids, taking your boat out on the weekends in Utah is still doable, but there are some boating laws you should be aware of in order to keep your lake experience fun and citation-free.

Register Your Boat

Photo: Percita

• It is Utah state law that your motorboat or sailboat be numbered and registered. In order to register your boat, you must first prove that you have paid the property taxes on it.
• There is a law stating that if you fraudulently use a false or fictitious name when registering a boat, you will be guilty of a third-degree felony. Avoid a felony charge and up to five years in prison by using your real name. If that’s a problem, don’t buy a boat.
• Keep in mind that falsifying the registration or certificate of title of a boat is also a third-degree felony.

Safety Equipment

• Fire extinguishing equipment;
• Personal flotation devices (commonly known as life jackets);
• Lighted navigation lights;
• Anything else the Board of Parks and Recreation deems necessary.

Basic Boating Rules

• Operating a non-motorized vessel or any object (such as water skis) that is being towed by a motorboat with a willful, wanton disregard for people’s safety or personal property is a class B misdemeanor. In other words, play nicely with others out on the lake.
• Motorboat operators need to be at least 16 years old, unless the person is under the direct on-board supervision of someone who is at least 18 years old. The same rule applies to someone operating a sailboat.
• Personal watercraft rules vary. Someone who is at least 12-15 years old may operate a personal watercraft if they adhere to the following regulations: are supervised by someone 18 or over, have taken an approved boating safety course and have a certificate from said course in their possession. Someone who is 16-17 years old may operate a personal watercraft if they have taken an approved boating safety course and have the certificate from the course in their possession.
• Personal watercraft is not to be operated between sunset and sunrise.

Violating any boating laws or rules is a class B misdemeanor, unless otherwise specified. If you don’t want to take a chance on spending up to six months in jail, don’t disregard these rules.

As always, if you’ve already been arrested for breaking any of these, or other, laws, call a Utah criminal defense attorney. It will be well worth your time to get the advice a reputable attorney can provide.

What are the punishments for different crimes in Utah?

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Crimes, Utah Law
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Like other states, Utah has chosen to make broad categories of punishments and assign crimes to fall under those categories.  The two large categories are felony and misdemeanor.  Like the names sound, felony is more serious than a misdemeanor.  Here is a quick breakdown of the punishments in Utah.

Felonies

  • Capital Felony: punishable by death, life in prison without possibility of parole, or prison term of 20 years to life
  • First Degree Felony: minimum prison term of 5 years and maximum prison term of life.  Fine up to $10,000.  (Note that the minimum term varies and could be 3, 5, 6, 10, or 15 years depending on the crime).
  • Second Degree Felony: minimum prison term of 1 year and maximum prison term of 15 years.  Fine up to $10,000.
  • Third Degree Felony: minimum prison term of 0 years and maximum prison term of 5 years.  Fine up to $5,000.

Misdemeanor

  • Class A misdemeanors: up to 1 year in jail.  Fine up to $2,500.
  • Class B misdemeanors: up to 6 months in jail.  Fine up to $1,000.
  • Class C misdemeanors: up to 90 days in jail.  Fine up to $750.

What are the Potential Penalties in Utah for Misdemeanor Offenses?

Clayton Simms, Criminal Defense Attorney, on the topic of  Crimes, Utah Legal Definition
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A misdemeanor offense is any crime that has a potential jail sentence of one year or less.

Misdemeanors are also broken down into three classes. The most serious is a Class “A” misdemeanor, followed by Class “B” and Class “C”. There is also a class of crimes referred to as infractions which is least serious of all offenses.

The maximum penalties for misdemeanors and infractions in the State of Utah are as follows:

A Class “A” misdemeanor carries a sentence of up to one year in the county jail plus a $2,500 fine.

A Class “B” misdemeanor carries a maximum sentence of up to one hundred and eighty days in the county jail plus a $1,500 fine.

A Class “C” misdemeanor carries a maximum sentence of up to ninety days in the county jail plus a $750 fine.

An Infraction carries a maximum sentence of a $750 fine.

Remember if convicted, you may also be ordered to pay restitution and depending on which court you have been charged in, an additional 95% surcharge may be added to your fine.

Falsely Accused of being a Utah Gang Member?

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Constitutional Rights, Dealing with Police, Utah Law
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Photo: vabellon

Wearing certain clothing, being in a certain place, or being of a certain racial minority could possibly identify you as a gang member to police.  Seems unfair?  It is.  And during the 2009 Utah Legislative session, lawmakers made it easier for police to arrest innocent racial minorities for standing in the wrong place for too long and accuse them of being a member of a gang.

Senate Bill 16 (which was passed and is now law), sponsored by Senator Jon Griener (who is the Odgen City Police Chief), allows police officers to confront a group of people and tell them to disperse.  The only requirements are that the police officer must “reasonably believe” that the group includes at least one gang member and the area where people are in is a “gang area.”  There is no limitation on how big the “area” can be, so a “gang area” could be the entire city of West Valley.

If you don’t disperse, the police officer can arrest you and will be charged with a class B misdemeanor and a $100 fine.

So imagine that you are standing in front of your house on the sidewalk with your friends, two who are a racial minority.  You live in a safe place in West Valley, but the entire city has been designated a “gang area” because the mayor is “tough on crime.”  A West Valley police officer comes up to you and your friends and tells you that you can’t stand on the sidewalk.  When you point to your house, he accuses you of refusing to leave and arrests all of you.  Even though your friends aren’t gang members, the police only has to “reasonably believe” that someone is a gang member.  Because most gang members are racial minorities, the police can target anyone who looks a certain way or has a darker skin color.

Although the First Amendment of the United States Constitution guarantees citizens a right to assemble (meaning that they can gather in public without fear of arrest), Utah’s new law goes against that right.  If police make a group of people with no gang affiliation disperse, they have violated that group’s constitutional rights.

If you were arrested and accused of being a gang member, you should contact a skilled Utah criminal defense lawyer who can help you claim your innocence.

Utah’s Breast Feeding Law

Utah Criminal Defense Blog, on the topic of  Utah Law
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Normally, a woman exposing her breasts in Utah would be deemed lewd and the woman would be guilty of a Class B misdemeanor.  However, the Utah Legislature ensured that breastfeeding women could not be charged under Utah’s lewdness statute.  Specifically, they enacted a law that states:

A woman’s breast feeding, including breast feeding in any location where the woman otherwise may rightfully be, does not under any circumstance constitute a lewd act, irrespective of whether or not the breast is covered during or incidental to feeding.  Utah Code § 76-9-702(7).

Notice that the statute allows a woman to breastfeed in public whether or not she covers her breast.

If you are a woman who has been charged with lewdness simply for breastfeeding, contact a top Utah criminal defense attorney that can help defend your rights to breastfeed in public as the law allows.

Utah Legal Definition: Assault

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Utah Legal Definition
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Assault in Utah is attempting to do injure to another person, making a threat to another person and immediately showing that you can back up your threat (usually showing a weapon),  or actually injuring  another person.  This statute is broad so that it can encompass almost anytime a person tries to injure another person.  Simple assault is a Class B misdemeanor.  It can become a Class A Misdemeanor if the victim is actually injured or the victim is pregnant.

An simple assault becomes an aggravated assault in Utah if the person intentionally causes injury or uses a dangerous weapon.

Utah Code § 76-5-102: Assault

(1) Assault is: (a) an attempt, with unlawful force or violence, to do bodily injury to another; (b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

Utah Code § 76-5-103: Aggravated assault
(1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he: (a) intentionally causes serious bodily injury to another; or (b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon … or other means or force likely to produce death or serious bodily injury.

Lying to a Utah Cop

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Dealing with Police
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If a Utah cop wants to ask you questions, remember that you can always refuse to answer questions.  If you do choose to talk to a cop, or the cop says that you have to speak with him because you are detained, there are a two things you cannot do.

You cannot lie to the cop about yourself.  It is a Class C misdemeanor if you give the police officer a false name, false birthdate, or false address.  If the cop asks about any of those, you should truthfully answer to protect yourself from being charged with giving false information to a peace officer.  It is a Class A misdemeanor if you represent yourself as another person to a police officer when he asks about your identity.  If you give the cop someone else’s name, birthday, or address, you can be charged with a more serious crime.

You cannot fail to disclose your identity.  It is a class B misdemeanor to refuse to give a cop your name if he demands it.  Remember, the time to fight a charge is in court, not during your police stop.

If you have been charged with giving false information to a peace officer or failure to disclose identity, contact an experienced Utah criminal attorney who can help defend you against this charge.

See Utah Code § 76-8-507 & 76-8-301.5