Utah has some of the most severe DUI laws in the country. The outcome of your case and the impact your future depends on having an experienced and dedicated Ogden DUI defense attorney to aggressively represent you and fight to protect your rights.
If you have been arrested or charged with Driving Under the Influence of Alcohol and/or Drugs (DUI), you need the best legal team of DUI attorneys in Ogden and Northern Utah to defend you. After a DUI arrest, you have the right to defend yourself against all charges. You may be able to keep your right to drive and combat some DUI penalties with the help of a lawyer.
Being charged with a DUI in Utah is often a frightening experience. Loss of a driver’s license, substantial fines, and potential jail time are just a few of the penalties that a driver arrested for a DUI may face. Kaufman, Nichols & Kaufman can help.
The team of DUI attorneys at Kaufman, Nichols & Kaufman has handled numerous DUI cases and know how to effectively pursue strategies that can help reduce or even eliminate a DUI charge.
If you’ve been charged with a DUI in Utah, it is important to have a skilled defense attorney on your side. Contact us to review your options and preserve your rights.
Assault and Battery
Assault & Battery
Assault and battery charges are extremely serious and carry harsh consequences if convicted. Kaufman, Nichols & Kaufman recognizes that these charges can haunt you for a very long time. If you’ve been charged with aggravated assault, battery, sexual assault, or another violent crime, contact us immediately to review your case. We will stand by you to uphold your rights every step of the way.
Assault charges are considered a Class B misdemeanor in the state of Utah. That means you could face a jail term of up to 6 months and a fine of $1000.00. Aggravated assault is even worse. It is a Third Degree Felony at minimum. You could face up to 5 years in prison, up to $5000.00 in fines, and a 90% surcharge. Be aware, if you are charged with aggravated assault and there is bodily injury, it changes to a Second Degree Felony, which is punishable up to 15 years in prison and up to $10,000.00 in fines and a 90% surcharge.
Other factors can also apply in the severity of the case. They include whether or not the victim was unusually vulnerable; the severity of the bodily injuries; if the offender was in a position of authority; and if the offense was deemed to be exceptionally depraved or cruel.
There are other factors that can influence the case to be of harsher punishment. Some of those factors include if a child was present at the time of the crime; if the crime was committed in prison; if the crime was considered a hate crime; if the criminal is considered a habitual offender; if the offender used a dangerous weapon; and if the crime was committed near a school.
Kaufman, Nichols & Kaufman are proficient with the law and recognize the severity of these charges. We will back you up. You need someone you can trust and our reputation says it all.
Assault and battery charges are serious, which is why Kaufman, Nichols & Kaufman will proactively defend your rights.
Theft charges can be a truly devastating experience. You likely are experiencing a whole range of emotions—fear, embarrassment, frustration, and so forth. No matter how trying this situation may be for you or for a member of your family, there is one course of action that you must take in a timely manner: You must seek the guidance, advice, and representation of a qualified, experienced, and proven criminal defense attorney.
The criminal defense team at Kaufman, Nichols & Kaufman understands what it takes to provide you the most formidable and effective defense to theft charges in both misdemeanor and felony cases.
The laws governing theft cases are complex. Maneuvering through the court system in Utah is not something that should be left to a novice. You need experienced legal representation. The criminal defense attorneys at Kaufman, Nichols & Kaufman have a significant track record in successfully representing men and women from all walks of life that have found themselves facing theft charges. Because of this extensive experience, we can fight for you to ensure that you obtain the best possible resolution of your case—even if you have a prior record.
Contact Kaufman, Nichols & Kaufman to discuss your case and review what strategic options are available to you in the way of a defense.
It can be very stressful to learn you are being investigated for a sex crime. The majority of sex crimes arrests are for first time offenses. It is critical that you have an experienced defense attorney on your side in any case involving a sex crime. You do not want to go it alone or hire an inexperienced attorney, because in addition to facing years in prison, sex crime charges can destroy your reputation, negatively affect your personal relationships, and harm your job prospects. With new stiffer laws and registration requirements, sex crime convictions can even limit your ability to find housing. Few areas of criminal law have so many wrongfully convicted people as sex crimes, and you do not want to be one of them.
Your instinct may be to cooperate with the police to avoid being detained in jail. However, what you need to do is hire a criminal defense attorney who specializes in sex offense cases.
If you cannot do the research, ask a close family member or friend to follow these steps:
- Do not discuss the nature of your investigation with anyone—even with closest friends or family members. Even though you will be tempted and likely looking for empathy, refrain from speaking about your case. The more you tell “your side” of the story, the more likely it is to change and dilute key facts for your case. Wait until you meet with your attorney.
- Search for a criminal attorney who specializes in sex offenses. Do not hire a general criminal attorney who is a “jack of all crimes.” Sex crime penal codes are very complicated and require an attorney who is familiar with the laws.
- Get a referral. If you already have an attorney on retainer for other business/personal reasons, contact them for a referral. Keep in mind that you should not divulge your whole story or who the accuser is. Calmly state that you are being investigated for sexual assault and that you need an attorney who is familiar with that area of law.
- Have a list of questions for your first meeting. When you meet with the attorney you are going to hire, you must do the following: request a copy of your police report, ask the attorney what all the charges mean and the punishment for each charge, and can they plea any of the charges down to a “lesser” charge.
If you are facing a sex crime charges, you need a highly knowledgeable and aggressive defense. These allegations will be prosecuted to the fullest extent of the law. Most pleas require you to register for life as a sex offender.
If you or someone you know is facing sex crime charges, contact Kaufman, Nichols & Kaufman for a confidential consultation. Early intervention is critical to obtaining the best results.
Drug crimes, such as drug trafficking and possession, are serious crimes that require the legal expertise and knowledge of Kaufman, Nichols & Kaufman. Our attention to detail and experience allows us to know drug laws inside and out at the state level. We will provide counsel and work with you, our client, to provide the best defense possible.
Drug trafficking laws in Utah are taken very seriously. You can face anywhere from 5 years to life in prison if convicted of felony drug charges such as possession, possession with the intent to distribute, prescription charges, doctor shopping, or other similar charges.
Drug charges are measured on the severity of the offense. There are multiple factors, which include criminal history, the amount of controlled substance in possession, and the location of the offense. Kaufman, Nichols & Kaufman will preserve your rights and represent you to the best of our ability to ensure a fair outcome.
Any type of drug charges can result in suspension or revocation of driver’s license or prevent you from obtaining a Commercial Driver’s License or other professional certifications. When it comes to drug charges, every minor case can be enhanced and spun out of control. Catastrophic consequences can result from these accusations. That is why you need representation by the attorneys of Kaufman, Nichols & Kaufman that best understand drug charges and drug laws to help you with these circumstances. Whether this is your first offense or you have multiple charges, we understand and will fight to protect your freedom.
Kaufman, Nichols & Kaufman will provide a legal stance to preserve your rights when charged with a drug crime. Contact us to discuss your case.
Due to the seriousness of homicide charges, it is critical that anyone charged with homicide retain an experienced murder defense attorney immediately. The skilled and knowledgeable homicide attorneys at Kaufman, Nichols & Kaufman can not only successfully represent defendants accused of murder at trial, but guide you through the legal process and explain the potential consequences as well.
Homicide is the unlawful killing of one person by another. Homicide cases are incredibly complicated and difficult, as one false move could result in a sentence of life in prison without parole. There are various degrees of homicide that can be charged in Utah, each more serious than the next.
First Degree Murder (Murder 1)
Murder 1 is the most serious charge that can be brought in Utah. If convicted of First Degree Murder, a defendant may be sentenced to serve the rest of their life in prison, without the possibility of parole, or even face the death penalty. Murder 1 charges fall into two categories: (1) premeditated murder and (2) felony murder. Each of these different kinds of murder contain separate elements, but both of them can meet the requirements of Murder 1.
In order to sustain a conviction for Premeditated Murder, the prosecutor must prove—beyond a reasonable doubt—that the defendant planned to commit the crime of murder. Contrary to what you may see on television, this does not mean that the prosecutor needs to show that a murder was carefully thought out and planned. According to the law, premeditation can take place in a matter of seconds.
Felony Murder is any death that is the result of, or takes place during, the commission of certain other felonies. The law states that the death does not even have to be intentional to allow for a charge of Murder 1. Those felonies are arson; criminal sexual conduct in the first, second, or third degree; child abuse in the first degree; a major controlled substance offense; robbery; carjacking; breaking and entering of a dwelling; home invasion in the first or second degree; larceny of any kind; extortion; kidnapping; vulnerable adult abuse in the first and second degree; torture; or aggravated stalking.
Second Degree Murder
Second Degree Murder is also punishable by life in prison, but unlike Murder 1, it is not mandatory that a defendant serve natural life. Murder 2 may be punishable by any term set by the court. The elements of Murder 2 can be somewhat confusing because there are multiple “intent levels” that can sustain a conviction for Murder two.
The basic elements that need to be proved—beyond a reasonable doubt—in order to be convicted of Murder 2 are (1) a death took place, (2) that the death was caused by an act of the defendant, (3) that the defendant acted with malice, and (4) that the defendant was without justification or excuse.
In order to establish “malice,” the prosecutor must show that the defendant either (1) intended to kill, (2) intent to commit great bodily harm, or (3) intent to create a very high risk of death or great bodily harm with the knowledge that death or great bodily harm is the probable result.
Manslaughter is a crime that is often described as murder that occurs “in the heat of passion.” It is a killing without malice and without premeditation. Because of the split second during which premeditation can take place, it takes a skilled attorney to argue a Murder 1 or 2 charge down to Manslaughter.
As the name indicates, in order to be convicted of Involuntary Manslaughter, the prosecutor must prove that a killing took place, without malice and unintentionally, but took place while the defendant was doing some unlawful act not intending to cause death or great bodily harm. More simply, Involuntary Manslaughter is an accidental killing.
Murder cases always involve forensic evidence, which can be difficult to sift through and even more difficult to use to your advantage. Prosecutors in homicide cases often start with an advantage of not having a complainant to put on the stand, meaning they can avoid having their “victim” face rigorous cross examination. They will offer photo after photo of the decedent on display for the jury, usually showing them to be upright, honorable, and loving persons.
When considering the life-damaging consequences of a homicide conviction, it is vital to seek the assistance of experienced and knowledgeable criminal murder defense attorneys who can wade through the prosecutor’s case and find the key to acquittal.
If you have been charged with a capital offense in Utah, you need a knowledgeable and aggressive attorney who provides effective legal advice and guidance. Contact us to review your options.
When a juvenile is faced with a crime in Ogden or elsewhere in Utah, the court can sentence an individual to probation, detention, or a variety of programs including the Young Offender program or the Diversion program. Kaufman, Nichols & Kaufman have attorneys who offer professional guidance and support to the individual and their families as they proceed through the juvenile court system.
Kaufman, Nichols & Kaufman have experience in working with juvenile justice. It is important to have knowledgeable and proactive attorneys like Kaufman, Nichols & Kaufman to ensure a compelling defense for a juvenile charged with a crime.
Juveniles are our future, and Kaufman, Nichols & Kaufman wants to provide them with the best possible outcome to succeed in life.
Every person and every criminal defense is unique. Whether the crime you are charged with is your first offense or you have been through the system before, the lawyer you choose to represent you can affect the results of your case.
The criminal defense team of Kaufman, Nichols & Kaufman is well known as tenacious, knowledgeable criminal defense and civil rights attorneys in Ogden, Utah that fight hard to protect your rights and your freedom. We understand that being accused of or charged with any crime is a life-altering event and are committed to seeing your case through to its successful resolution protecting your rights every step of the process.
Criminal charges typically fall into either of two categories:
- Felonies: A felony charge is usually reserved for the most serious of offenses, such as homicide, sexual assault, grand theft, embezzlement, or gun crimes. These charges usually carry a significant sentence of several years in state prison and steep fines.
- Misdemeanors: Misdemeanor crimes, though not as serious as felonies, still have a lasting effect. A conviction for DUI, shoplifting, or domestic violence will turn up during a background check and can impact your ability to live your life.
Our criminal defense attorneys fight passionately on your behalf to get your charges dismissed, reduced, or get the best possible outcome in your case.
If you have been charged with a crime in Utah, you need a knowledgeable and aggressive attorney who provides effective legal advice and guidance. Contact us to review your options.
Domestic Violence & Protective Orders
Domestic Violence & Protective Orders
The attorneys at Kaufman, Nichols & Kaufman are practiced and educated in domestic violence law and legal processes. Domestic violence is a broad area of law that may include criminal charges and actions such as protective orders, protective order violations, and civil and criminal actions from both the defendant’s side and the plaintiff’s side. Our domestic violence lawyers have a deep understanding of the law and can help you through the challenging legal process by offering professional advice and guidance specific to your domestic violence case.
The state of Utah has an extensive index of laws covering domestic violence and abuse. There are variety of violent charges that may be considered domestic violence under Utah law including assault, harassment, stalking, sexual assault, battery, trespassing, and more. Utah also includes child abuse under its criminal definition. The Utah Criminal Code contains the Cohabitant Abuse Procedures Act which calls for enhanced penalties for subsequent domestic violence offenses.
The domestic violence lawyers at Kaufman, Nichols & Kaufman are knowledgeable in all aspects of the Utah Code when it comes to domestic violence. Whether you have been charged with domestic violence or protective order violations or you need help in pursuing or defending against a protective order, you can count on the attorneys at Kaufman, Nichols & Kaufman to represent you to protect your rights.
Put Kaufman, Nichols & Kaufman’s reputation and experience on your side. Our domestic violence attorneys provide professional, responsible representation to offer you the best outcome possible.
Contact our criminal law attorneys of Kaufman, Nichols & Kaufman today to discuss your case.