What is the DV Tag?
A Domestic Violence enhancement (sometimes referred to as a “DV tag”) is added to criminal charges when the alleged assault occurs between individuals in a domestic relationship. A domestic relationship includes:
- Spouses or former spouses
- Individuals who live together or have lived together
- Individuals who share a child
- Those in a dating relationship
Even if the alleged assault is a minor physical altercation, the DV tag significantly impacts the legal process and potential penalties.
Penalties for Misdemeanor Assault with a DV Tag
Misdemeanor assault in Utah is typically charged as either a Class B misdemeanor or a Class A misdemeanor:
- Class B Misdemeanor: Up to six months in jail and a fine of up to $1,000.
- Class A Misdemeanor: Up to one year in jail and a fine of up to $2,500 (applicable if the assault results in substantial bodily harm or involves certain aggravating factors).
When a DV tag is attached to the charge, additional penalties may apply, including:
- Mandatory domestic violence treatment programs
- Restrictions on firearm possession under federal and state laws
- Protective orders issued against the accused
- Enhanced penalties for repeat offenses
Protective Orders and No-Contact Conditions
A protective order may be issued against the accused, restricting contact with the alleged victim. Violating a protective order can result in additional criminal charges, even if the alleged victim initiates contact.
Additionally, pretrial no-contact orders may prevent the accused from returning home or communicating with family members until the case is resolved.
Long-Term Consequences of a DV Assault Conviction
A conviction for misdemeanor assault with a DV tag can have long-lasting effects, including:
- Criminal record: A conviction remains on record and can affect employment, housing, and professional licensing.
- Firearm restrictions: A DV conviction prohibits firearm possession under federal law (Lautenberg Amendment).
- Child custody implications: A DV conviction can impact custody and visitation rights in family court proceedings.
Seeking Legal Representation
Due to the serious consequences of a DV-tagged assault charge, consulting an experienced criminal defense attorney is crucial. An attorney can help you navigate the legal process, protect your rights, and explore potential defense strategies to minimize the impact of the charges.
Conclusion
Misdemeanor assault with a Domestic Violence (DV) tag in Utah carries significant legal consequences beyond standard assault charges. If you are facing such charges, it is essential to understand your rights, legal options, and potential defenses. Seeking legal counsel as early as possible can help mitigate the long-term effects of a conviction and ensure the best possible outcome in your case.
For more information or to consult a defense attorney, contact our office today.