Case Result: Assault, Domestic Violence in the Presence of a Child




Steven L. Grayson

Practice Area:

Criminal Law

Length of Time:

Less than one year


Case Dismissed

Upset woman sits on floor

The Challenge

Utah law is a “mandatory arrest” state where if police respond to a domestic violence call and have probable cause to believe that domestic violence has occurred and there will be continued violence, they are required by law to arrest the person. This sets into motion a series of events that often has the wrong people behind bars.

Legal Strategy

Convince the prosecutor that given the evidence and their witness’s availability and credibility, the State would not prevail at trial. In this case, we had to aggressively pursue our client’s speedy trial rights and fight against the prosecutor’s attempts to delay the trial.

Case Results

The prosecutor dismissed the case entirely weeks before the scheduled trial date. Our client was a family member of the other party involved in the alleged incident. When the police responded to an alleged fight between the two, police told the other party (who did not want to make a statement) that they had to arrest someone and if she did not talk they might arrest her. After hearing that, the other party blamed our client who the police then arrested. Because our client was arrested, she was charged with multiple domestic violence offenses. The prosecutor dismissed the case entirely before trial began.

The Best Outcomes

Domestic Violence Aggravated Assault with a Firearm

We worked tirelessly to prove that the alleged victim had the motivation to lie to the police about our client. Through a detailed investigation, we proved that the alleged victim had committed a criminal offense, not our client.

Felony Discharge of a Firearm

We worked closely with our client to obtain information to present to the prosecutor’s office to show what type of person our client is. This information changed the prosecutor’s mind about pursuing the case.

Aggravated Assault

In aggravated assault cases, it is critical for our team of attorneys and private investigators to conduct investigations beyond what law enforcement has done. This includes finding and interviewing additional witnesses and also researching the alleged victim. Often, we’re able to discover other eye-witnesses and even camera footage. We must work quickly, especially if our our client is held in jail. As a result, we can discover the truth and either win at trial or even negotiate a dismissal of the charges.

Facing Criminal Charges?

We have answers to your questions.

Please get in touch with us to schedule your consultation today. Consultations on criminal cases are free, but consultations on other matters may require a fee.

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Tooele & South Jordan: (435) 830-7577
Park City & Wasatch Back: (435) 631-2203

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