Utah law provides for a criminal charge of unlawful detention under Section 76-5-304. Unlawful detention charges are a class “B” misdemeanor alleged when the act does not rise to the level of kidnapping or aggravated kidnapping. Unlawful detention allegations often arise in between family members or people living together as a family and may constitute domestic violence.
Salt Lake City Unlawful Detention Defense Lawyer
If you are facing charges for unlawful detention or suspect you may soon be, it’s critically important to understand the defense options available to you and speak with a highly qualified criminal lawyer in Salt Lake City. At Levitt Legal, you can rest assured that your case is given the utmost attention by an experienced Utah criminal defense attorney who understands the common weaknesses in violent crime cases.
Call (801) 455-1743 or send an online message to speak one-on-one with an attorney (and not a paralegal or assistant) during a free consultation. Darren Levitt is proud to defend the freedoms of individuals throughout Salt Lake City, Layton, Bountiful, Morgan, Park City, Francis, and nearby areas.
Allegations the Victim was Restrained under Section 76-5-304(1)
Under Utah Code Section 76-5-304(1), “unlawful detention” as an act committed intentionally and knowingly, that involves detaining or restraining the victim without authority of law and against the will of the victim. Unlawful detention is a lesser included offense of more serious felony charges including kidnapping under Section 76-5-301, child kidnapping under Section 76-5-301.1, or aggravated kidnapping under Section 76-5-302.
Allegations the Victim was Coerced under Section 76-5-304(2)
Alternatively, under Utah Code Section 76-5-304(2), “unlawful detention” can also be committed even if the person does not actually detain or restrain the victim but instead coerces or exerts influence over the victim with the intent to cause the victim to remain with the person for an unreasonable period of time under the circumstances. Under this section, unlawful detention only applies if the person accused is at least four (4) years older than the alleged victim.
Under the unlawful detention statute, the term against the will of the victim” also includes acting without the consent of the legal guardian or custodian of the alleged victim when the alleged victim is a mentally incompetent person, or a minor who is 14 or 15 years of age.
Finding Qualified Representation for Unlawful Detention Charges in Utah
If you have been charged with unlawful detention, or the more serious charges of kidnapping or aggravated kidnapping, then contact an experienced criminal defense attorney. Darren Levitt represents individuals charged with domestic violence charges including unlawful detention in Salt Lake City-Ogden metropolitan area, which includes Salt Lake County, Davis County, and Weber County, Utah.