Posts Tagged ‘Class B misdemeanor’

Falsely Accused of being a Utah Gang Member?

Feb
11
Jesse, 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.

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Posted in Constitutional Rights, Dealing with Police, Utah Law | No Comments »

Utah’s Breast Feeding Law

Oct
28
Jesse, on the topic of  Utah Law
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Photo: c r z

Photo: c r z

Normally, a woman exposing her breast 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 qualified Utah criminal defense attorney that can help defend your rights to breastfeed in public as the law allows.

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Posted in Utah Law | No Comments »

Utah Legal Definition: Assault

Oct
22
Jesse, 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.

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Lying to an Utah Cop

Sep
28
Jesse, on the topic of  Dealing with Police
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Photo: deltaMike

Photo: deltaMike

If an 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 a qualified attorney who can help defend you against this charge.

See Utah Code § 76-8-507 & 76-8-301.5

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Posted in Dealing with Police | No Comments »