Posts Tagged ‘prosecutor’

Alleged Assault on Cop

Utah Criminal Defense Blog, on the topic of  Utah Crime News
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An assault can occur by anyone, upon anyone, regardless of a person’s education or knowledge of the law. A Utah prosecutor is on paid administrative leave while he’s being investigated for the alleged assault of a police officer. Greg Lamb, a Uintah County prosecutor, has been accused of assaulting Vance Norton, a Vernal police detective, while the two were attending a recent training retreat. Witnesses say that Lamb had been drinking prior to the alleged attack, but a motive for the attack is unknown.

What is Assault?

Photo: Rob

Assault is:

• an attempt, with unlawful force or violence, to do bodily injury to another;
• a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
• an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

Charges for Assault

An assault that fits into the above categories is a class B misdemeanor. If the accused causes substantial injury to a person or if a victim of assault is pregnant and the accused knows of the pregnancy, the assault charge is increased to a class A misdemeanor.

Aggravated assault raises the charge to a third-degree felony if the accused uses a dangerous weapon or other means or force likely to produce death or serious bodily injury. If serious bodily injury occurs to the victim, the charge will increase to a second-degree felony.

Penalties for Misdemeanors and Felonies

The penalties for misdemeanors are:

• class C—up to 90 days of incarceration;
• class B—0-6 months in jail;
• class A—up to 1 year in jail.

Felonies may carry the following punishments:

• third-degree—0-5 years in prison;
• second-degree—1-15 years in prison;
• first-degree—5 years to life in prison.

Call a Utah Criminal Defense Attorney First

If you are arrested, make your phone call count by contacting an experienced Utah criminal defense attorney first. Don’t talk to police or make any statements. Hire an attorney and let him use his knowledge to give you the best defense possible.

Dismissing Criminal Charges in Utah

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Hiring a Lawyer, Legal Process
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Sometimes prosecutors will dismiss criminal charges against a Utah criminal defendant.  This means that nothing will be filed against the defendant in criminal court and the defendant is no longer a defendant.  Prosecutors drop charges for multiple reasons.  The original arrest by the police officer that led to the charge might have been problematic.  There might not be enough evidence for prosecutors to prove that it was the defendant who committed the crime, or prosecutors might find evidence that confirm your innocence.  Sometimes, a key witness in the case will refuse to testify and prosecutors don’t think they have a strong case.

Hiring the best Utah criminal defense attorney immediately after being charged is important because your attorney might be able to convince the prosecutor to drop charges.  This would not only save you time of going through a trial, but it would also save you money because the attorney’s job would be done quickly.