Most people only yell at someone if they have a good reason to do so. It’s reasonable to wonder whether you can get arrested for yelling at someone in Utah. Essentially, you can only be arrested for yelling at someone in Utah if the yelling is part of a larger offense; the act of yelling itself is not an arrestable offense. Continue reading this blog post to learn more about the situations in which yelling at someone can get you arrested in Utah, when it is okay to yell at someone, and how Salt Lake City criminal defense lawyer Darwin Overson can defend you if you do get arrested for yelling at someone in Utah.
When It Is Illegal to Yell At Someone in Utah
The act of yelling at someone is not, in itself, a crime that you can be arrested for in Utah. You can, however, be arrested for yelling at someone if it is part of a different arrestable offense. The following are reasons that you can be arrested for yelling at someone in Utah.
You Violate a Restraining Order
You may be issued a restraining order for various reasons, although the most common reason that you may have a restraining order (also known as a protective order) issued against you is if you are having a trial involving domestic violence charges scheduled in the future. The restraining order is meant to protect the plaintiff and if you have contact with them in any way—whether it’s in-person contact (including yelling), text messages, or contact through social media—it is considered to be a violation of the order. If you violate this restraining order and yell at the person or persons who the restraining order is intended to protect, it is possible that you will be arrested. It’s advisable that you get in touch with a lawyer as soon as a restraining order is issued against you.
You Threaten a Police Officer
If you yell at a police officer and threaten them with violence, you may be arrested and charged with assault. A person can be charged with assault if they threaten to cause, attempt to create, or cause injury to another person. There are two types of assault: aggravated assault and simple assault. Aggravated assault is when a person intentionally causes or attempts to cause severe bodily harm or death to another person using a weapon. Simple assault is when a person attempts to inflict physical injury to someone else through the use of violence or the unlawful use of force. The main difference between simple assault and aggravated is that the former is a misdemeanor while the latter is a felony.
According to these definitions, you may be charged with battery if you yell at a police officer and threaten to harm them. You can mitigate or avoid charges for either simple assault or aggravated assault after yelling threats at a police officer by contacting an experienced attorney as quickly as possible.
Disorderly Conduct Charges and Yelling in Utah
Yelling itself is not a criminal act that warrants arrest, nor is it necessarily grounds for disorderly conduct charges. However, it is possible that yelling can be part of the conduct that can result in a disorderly conduct charge so it is important to understand what disorderly conduct charges mean and the behavior that can lead to a disorderly conduct charge.
In Utah, disorderly conduct charges are made against people who are disturbing other people in a public place. Utah statute defines a public place as an area that a significant portion of the population has access to, such as a school, hospital, retail store, city street, or highway. According to Utah law, there are many ways to disturb other people in a way that can lead to a disorderly conduct charge. Refusing a police officer’s orders to vacate a public area is one way to be charged with disorderly conduct. Another way to disturb people in a way that can result in a disorderly conduct charge is to refuse to move your car, even after a police officer instructs you to, after you’ve double parked it. Actions that are “physically offensive” without a valid reason can result in disorderly conduct charges as well.
Disorderly conduct charges may also result from behavior that is considered to be a public disturbance. Public disturbances may include the following: starting a fight or behaving dangerously, being unreasonably loud (including yelling) or making distasteful remarks in public, making a significant amount of noise that emanates from a private place into a public one.
The penalties that come from disorderly conduct charges depend on the circumstances of the case. Most public disturbance offenses are only charged as “infractions.” In Utah, a minor violation is treated similarly to a traffic violation. The penalty for infractions is $750, although alternatives such as community service are possible. However, certain circumstances can elevate a disorderly conduct charge to a misdemeanor. Ceasing to desist disorderly behavior can elevate a disorderly conduct charge to a misdemeanor. Penalties can be reduced if you work with an experienced criminal defense attorney.
Call Our Salt Lake City Criminal Defense Attorney Today
While yelling at someone is rude and should only be done when necessary, it’s rare that you’ll find yourself in a situation where you’ll be arrested for yelling at someone. If you do end up being arrested for yelling at someone under specific circumstances, know that you can depend on Salt Lake City criminal defense attorney Darwin Overson from Overson Law, PLLC for legal representation. To discuss your case during a free and confidential consultation, call (801) 758-2287 today.