Utah Criminal Defense Attorney - Unlawful Detention
A typical charge of "unlawful detention" in Utah involves allegations
that a
person has been held against his or her will for a brief period of
time, without the authority of
law. Unlawful detention under Utah law is a class B misdemeanor. But if
the victim is injured or if the defendant uses, threatens, or even
simply possesses a weapon, the charge can turn into a felony aggravated
felony charge. Stephen Howard is a Utah criminal defense lawyer based
in Salt Lake City, with
experience defending
thousands of felony and misdemeanor cases including unlawful detention,
kidnapping,
aggravated
kidnapping, and
child
kidnapping. Contact us today for an initial consultation.
Elements of an Unlawful Detention Charge in Utah
Utah Code 76-5-304 sets forth the elements of a criminal charge for
unlawful detention. This charge requires proof that a person "knowingly
and intentionally" detained or restrained a person under circumstances
not constituting a violation of one of Utah's kidnapping statutes. The
typical difference between charges of unlawful detention and
kidnapping
is based on the duration of the detention. A kidnapping charge requires
proof that
the
detention continued for a "substantial" period of time. (Note, however,
that an aggravated kidnapping charge can be filed even in cases where
the detention was only brief, if injuries were inflicted, weapons were
used, or other factors are met.)
Unlawful detention of a minor requires proof of different elements.
This charge does not require proof that the minor was physically
restrained or detained. Instead, a person can be charged with unlawful
detention of a minor if the person "coerces or exerts influence over
the victim with the intent to cause the victim to remain with the actor
for an unreasonable period of time under the circumstances." A person
charged with unlawful detention of a minor must also be at least four
years older than the victim.
Finding a Utah Criminal Lawyer in Salt Lake City
Stephen Howard has successfully handled literally
thousands of criminal cases
- more than most attorneys will deal with in their entire
careers. His
record of
real results
includes not guilty verdicts or dismissals on cases including
aggravated robbery, child kidnapping,
burglary,
drug distribution,
fraud,
forgery,
theft,
DUI,
domestic violence,
and more. Whatever your charge, he has
the experience and skill to help
you
achieve the results you need.
Based in Salt Lake City,
criminal defense lawyer
Stephen Howard offers services to clients throughout Utah.
Contact us today to
schedule an initial consultation.

You want the best defense. Agressive is good. But results ultimately are what really matter. Creating an effective strategy for defending against criminal prosecution requires a thorough understanding of statutes, case law, and evidentiary and procedural rules. A successful outcome is more likely when....
Strategy
»

A Utah criminal prosecution can result in a lifetime of consequences. Beyond jail and prison, a conviction can affect many areas of life, including employment, housing, finances, family, and much more. Never plead guilty without first consulting with an experienced criminal attorney. Understanding what is at stake is the first step....
Consequences
»