PROVO, Utah — July 10, 2026 — Attorney Jacob S. Gunter of Howard Lewis & Petersen, P.C. secured a not guilty verdict following a multi-day jury trial in Utah’s Fourth District Court.
A Utah County jury acquitted his client of a third-degree felony charge involving the alleged abuse of a child with a disability.
Defense Maintained That the Injury Was Accidental
The case involved allegations that a stepmother intentionally abused her teenage stepson, who had significant behavioral and emotional challenges.
Prosecutors alleged that scratches observed on the child’s neck amounted to felony child abuse. The defense maintained from the beginning that the scratches were accidental, occurred while the defendant was attempting to calm an emotionally dysregulated child, and did not constitute criminal conduct.
Evidence Presented at Trial
During the trial, the defense presented evidence that:
- The incident occurred while the defendant was attempting to de-escalate an emotional crisis.
- The scratches were consistent with an accidental injury that occurred when the child suddenly pulled away.
- The family dynamics were extraordinarily complex and involved years of behavioral, mental-health, and Utah Division of Child and Family Services involvement.
- Prior investigations involving different family members had resulted in unsupported findings, demonstrating the importance of carefully evaluating allegations before reaching criminal conclusions.
A central defense theme was that caring for a child with significant emotional and behavioral disabilities can require split-second decisions under extremely stressful circumstances.
The defense argued that an accidental scratch occurring during an attempt to calm a child did not establish the charged felony offense. After hearing the evidence and arguments, the jury returned a not guilty verdict.
The Presumption of Innocence Matters
A criminal charge is an accusation—not proof of guilt.
Child abuse allegations are among the most emotionally charged accusations a person can face. These cases frequently involve complicated family histories, conflicting witness accounts, prior agency investigations, and substantial medical or psychological evidence.
The Utah Model Criminal Jury Instructions address the presumption of innocence and require the prosecution to prove each element of a criminal charge beyond a reasonable doubt.
In this case, after considering all the evidence, the jury determined that the State had not met that burden.
Why Child Abuse Cases Require Careful Defense
Utah law addresses abuse or neglect of a child with a disability under Utah Code § 76-5-110. Allegations under this and other child abuse statutes can expose a defendant to serious criminal, professional, and personal consequences.
Felony and misdemeanor child abuse cases may involve:
- DCFS investigations
- Medical professionals
- Forensic interviewers
- Law enforcement officers
- Psychological and treatment records
- School records
- Family members with conflicting accounts or interests
Defending these cases can require extensive document review, independent investigation, careful examination of medical and psychological evidence, effective cross-examination, and presentation of the complete factual context—not simply one isolated event.
Anyone facing a serious charge should speak with an attorney experienced in Utah felony defense as early as possible.
Facing Child Abuse Charges in Utah?
If you or a family member has been accused of child abuse, aggravated child abuse, abuse of a vulnerable adult, or another violent offense, obtaining legal guidance promptly can help protect your rights and preserve important evidence.
Jacob S. Gunter has more than two decades of courtroom experience representing people accused of serious felony offenses throughout Utah.
Contact a Provo criminal defense attorney to discuss your circumstances and learn more about your legal options.
Howard Lewis & Petersen, P.C. 120 East 300 North Provo, Utah 84606 Phone: (801) 373-6345
Prior results do not guarantee a similar outcome. Every case depends on its particular facts, evidence, applicable law, and circumstances.