Utah Criminal Defense
Without realizing it, many people in the Ogden area could be charged with unlawful detention because they want others to stay somewhere so they can talk to each other. The most common time an unlawful detention charge is levied is usually because of a domestic violence incident. If a couple is in an argument and one person wants to leave but is restrained by the other person, even in a non-violent or threatening way that does not amount to assault, the person restraining the other could be charged with unlawful detention. This happens many times a day in the Ogden area but few cases are usually reported since they are non-violent. An Ogden area prosecutor could, however, charge an individual with unlawful detention if the prosecutor wanted to rack up the charges stemming from a domestic violence incident.
Unlawful detention is a class B misdemeanor which carries a six month jail sentence and a $1,000.00 fine if convicted. The penalties of an unlawful detention charge in Ogden reveal the need for anyone facing this charge to hire an Ogden unlawful detention lawyer.
An Unlawful Detention Charge in Ogden
To be convicted of an unlawful detention charge, an Ogden area prosecutor must prove that someone intentionally or knowingly detained or restrained another person against the will of that person. The statute does not require a certain amount of time to pass before an unlawful detention occurs. Therefore, even a brief detainment could result in a charge. Acting against the will of the victim also includes acting without the consent of the legal guardian or custodian of a victim who is a mentally incompetent person.
Unlawful detention is different from kidnapping and child kidnapping because of the victim’s age. If the victim is under 18 years old, then the detention is considered some form of kidnapping. Unlawful detention could also turn into aggravated kidnapping depending on the means of detainment and the purpose behind the detainment. An Ogden unlawful detainment lawyer can explain the differences between kidnapping and unlawful detention.
Fighting an Unlawful Detention Charge
If you have been charged with an unlawful detention charge and are seeking to fight the criminal charge, then contact one of our Ogden unlawful detention lawyers. We will evaluate your situation and give you the best advice on your case. They will be able to tell you the chances of winning your case. Consultations are free so call 801.823.1200 to set up your appointment with a criminal defense attorney today.