We Can Help You Respond To The Charges
We will listen to you and evaluate the facts in order to help you know how to proceed. We do everything possible to protect your constitutional rights, including your right to be free from warrantless searches and seizures and to remain silent.
We advise you not to talk to anyone but us about your case. That includes law enforcement; they may sound like they want to help, but anything you say to them without an attorney present can be used against you in your case.
Our criminal defense practice includes many different types of charges, including:
Assault— There is no one-size-fits-all assault charge. There are different types of charges based on the level of severity of the alleged offense. (Expand)
Strong, Focused Defense Against Assault Charges
At Corbett Gwilliam, PLLC, we have experience protecting the rights of those accused of committing assault and aggravated assault in justice court, district court, and juvenile court.
Our attorneys have the ability to objectively analyze a case and advise their clients as to the best course of action. Whether the best option is to accept a plea deal or to take your case to trial, our defense lawyers will protect your rights and give you sound legal advice so that you can make the best decision possible.
Give us a call now to discuss your case in a no-cost consultation. Based in South Jordan, we serve clients throughout the Salt Lake City area.
What Have You Been Charged With?
There are three categories of conduct that qualify as assaults under Utah law: (1) attempting to cause bodily injury with unlawful force or violence, (2) making a threat accompanied by a show of immediate force or violence, and (3) committing an act with unlawful force or violence that causes bodily injury or creates a substantial risk of bodily injury. Given these vague descriptions, there are many ways to commit an assault in Utah.
Punishment for assaults in Utah is tiered based on the severity of an assailant’s conduct, the status of the assault victim, and the severity of a victim’s injuries, if any. If an assailant commits an assault against a nonpregnant victim without using a dangerous weapon and without causing lasting injuries, the assailant is only guilty of a Class B misdemeanor. But if the victim of this assault is pregnant or suffers substantial bodily injury, the assailant is guilty of a Class A misdemeanor.
The next tier of punishment for assault begins when the assailant uses a dangerous weapon or force or means likely to cause death or serious bodily injury. These types of assault are called aggravated assaults and are punishable as third-degree felonies. If the victim of an aggravated assault suffers serious bodily injury, the assailant is guilty of a second-degree felony.
Get A Skilled Defense Attorney On Your Side
If you have been accused of committing assault or battery, call us to schedule a free consultation or complete the online form.
DUI— Responding to a drunk driving arrest does not only involve protecting or regaining your driver’s license. It may also involve possible criminal consequences, such as fines or jail time. (Expand)
Skilled Defense Against DUI Charges
Utah has taken a strict stance against driving under the influence of alcohol (DUI). There two ways in which a person may commit DUI. The first is based on blood alcohol or breath alcohol levels (also called DUI per se). The second is based on impairment.
The best way to avoid being convicted of DUI is not to drive if you have had any alcohol at all. But if you have been charged with DUI in Utah, you need a skilled DUI defense attorney on your side. At Corbett Gwilliam, PLLC, we have substantial experience with Utah DUI cases and will protect your rights.
Give us a call today to discuss your specific situation. We serve clients in South Jordan and throughout the Salt Lake City area.
DUI Per Se
Utah’s DUI per se law has nothing to do with whether or not a person’s ability to drive is impaired by alcohol or drugs. It is based on the presumption that a person is impaired when his or her blood alcohol or breath alcohol concentration is at or above .08. But this presumption is not accurate for everyone depending on their body composition and experience with alcohol. Some people would be intoxicated with a blood alcohol or breath alcohol concentration as low as .04, while others exhibit no signs of impairment with a blood alcohol or breath alcohol concentration at or above .30. Interestingly, the person who is intoxicated at .04 would not be guilty of DUI per se, but the person showing no signs of intoxication at .30 would.
A person’s alcohol levels are measured either with a Breathalyzer machine or by a blood test. Utah’s law enforcement generally uses the Intoxilyzer 8000 to measure a person’s breath alcohol. If a person’s breath alcohol concentration is at or greater than .08 grams of alcohol per 210 liters of breath, their alcohol level is over the legal limit. To conduct a blood test, a sample of a person’s blood is taken and analyzed by a lab technician. Of the two tests, the blood test is the most accurate.
If a person’s blood alcohol or breath alcohol is at or above .08 at the time they were operating or had actual physical control of a motor vehicle, they have committed DUI per se. Also, if the person’s blood alcohol or breath alcohol concentration is at or above .08 at the time of the test after they operated or had actual physical control of a motor vehicle, they have also committed DUI per se, even if their blood alcohol or breath alcohol was below .08 at the time of the operation or actual physical control.
DUI Based On Impairment
In addition to Utah’s DUI per se law, a person commits DUI if they operate or are in actual physical control of a vehicle and “under the influence of alcohol, any drug, or the combined influence of alcohol and any drug to a degree that renders the person incapable of safely operating a vehicle.” Utah Code Ann. § 41-6a-502. This standard does not depend on a person’s blood alcohol or breath alcohol concentration. In fact, a person who has committed DUI per se may not have committed DUI based on impairment, and a person who has not committed DUI per se may have committed DUI based on impairment.
The key phrase in the DUI based on impairment is that a person must be “incapable of safely operating a vehicle.” A prosecutor will try to prove a person is incapable of safely operating a vehicle with four types of evidence: (1) driving pattern evidence, (2) evidence obtained from face-to-face contact with an officer or other individuals, (3) evidence obtained from standardized field sobriety tests, and (4) evidence obtained through chemical tests. The prosecution is not required to present evidence from all four of these categories. In fact, in at least one case, a person has been convicted for DUI based solely on the observations of people who observed a person at a public park who was “clearly intoxicated” and an officer’s interactions with him. See State v. Van Dyke, 2009 UT App 369, 223 P.3d 465. The person did not commit any traffic violations and did not submit to any field sobriety or chemical tests.
Don’t Face Your DUI Charge Alone
Our lawyers have handled hundreds of DUI cases. They can help you know whether it would be best for you to take your case to trial or accept a plea deal. Call now to schedule a free consultation about drunk driving charges. Or, if you prefer, complete the online form.
Domestic violence — Prosecutors and courts take domestic assault cases very seriously. We can help you seek a positive resolution. (Expand)
Skilled Defense Against Domestic Violence Charges
Domestic violence is a broad term. It can refer to several different types of behavior involving current or former spouses, as well as current or former partners in a cohabitating relationship.
The behavior can include abuse, threats or forced sexual contact. At Corbett Gwilliam, PLLC, we provide focused and effective defense against charges that allege such actions.
Call our office now to arrange a free initial consultation about how we can help. We serve clients in South Jordan and throughout the Salt Lake City area.
What Are You Accused Of Doing?
The law prohibits many different behaviors between intimate partners. Intimate partners include many others besides spouses. The others include former spouses, current or former cohabitants and people who have a child together.
Physical abuse is the most obvious type of intimate partner violence. Others include threats of violence, forcible sex acts and severe emotional abuse.
In some cases, a former partner who is concerned about domestic violence or domestic abuse may seek a protective order. This is an order limiting or prohibiting contact and communication.
Get A Skilled Lawyer On Your Side
Our attorneys can help you make a strong defense against any domestic violence charge. We know how to stand up to prosecutors and guide you toward a resolution that protects your rights.
Give us a call at 801-285-6302 to schedule a no-cost consultation. Or, if you prefer, complete our online form.
Acting In Your Best Interest
Everything we do is in your best interest. If taking your case to trial is the best option, we are experienced courtroom advocates and will put the prosecution’s evidence to a demanding test. If negotiating for reduced penalties is a better choice, we are experienced negotiators, and you will be glad to have us working on your side.
We know this is a difficult time for you. We always provide superior legal representation for less. Our fees are based on your ability to pay. Call us as soon as possible so we can begin fighting for your freedom without delay.