Assault is a serious crime, and you should consider your next course of action very carefully if you are charged with it. A conviction for simple assault or aggravated assault can lead to fines, jail time, and a felony on your record. Beyond the judicial consequences of an assault conviction, you may have trouble finding a job, friends, and family may think of you differently, and you will not be allowed to possess firearms.
Because the consequences of getting convicted of assault are severe, you need professional, effective legal counsel fighting for you. We can provide just that. Our firm has dedicated our practice to defending people’s rights in criminal proceedings, so we will fight hard to get you the best possible outcome in your case.
For a free and confidential case review from our assault defense attorneys, dial (801) 758-2287 and contact Overson Law today.
Types of Assault in Herber City, UT
Many people will use the term “assault” to refer to a variety of similar but distinct crimes. There are two main assault crimes in Utah: simple assault and aggravated assault. Of the two, aggravated assault is a much more serious crime, so when you talk to our assault defense attorneys, you need to be candid with us about the charges you are facing so that we know how to properly and effectively handle your case.
Simple Assault
Simple assault is laid out in Utah Code § 76-5-102. The crime consists of either attempting or succeeding in causing another person bodily injury. For example, suppose two people bump into each other on the sidewalk, and one of those people beats up the victim. In that case, the one who threw the punches, kicks, and so on committed the crime of assault. Similarly, attempts to inflict bodily injury also constitute simple assault. Suppose two people get into a heated argument in a parking lot. The perpetrator then rapidly approaches the victim and throws an elbow at the victim’s head, but the victim ducks the blow. In that case, the perpetrator still committed the crime of assault, even though they did not actually injure anyone.
Getting convicted of simple assault will result in either a Class B or Class A misdemeanor. The charge becomes Class A when the perpetrator causes “substantial” bodily injury to the victim. Utah defines “substantial bodily injury” in Utah Code § 76-1-101.5(18) as an injury that results in “protracted” pain, “temporary disfigurement,” or temporary loss of a bodily function that does not arise to the level of serious bodily injury. For example, shoving someone to the ground and spraining their ankle would cause substantial bodily injury, and that conduct would result in a Class A instead of a Class B misdemeanor charge.
Although it is not a felony, getting convicted of a misdemeanor can land you in jail, so you should still take getting charged with simple assault very seriously.
Aggravated Assault
Aggravated assault is a more serious crime than simple assault and is criminalized under Utah Code § 76-5-103. The crime consists of causing bodily injury to another person or attempting to do the same combined with a number of circumstances that raise the charge from simple assault to aggravated assault. Since aggravated assault is a more serious crime, the criminal penalties are also more significant. Under § 76-5-103(3), aggravated assault is a second-degree felony if it results in serious bodily injury or the assault leads to the victim losing consciousness. Aggravated assault becomes a first-degree felony if the victim was someone working as law enforcement and the assault led to serious bodily injury.
While misdemeanor charges should be taken seriously, getting charged and subsequently convicted of a felony can have much further-reaching consequences. In addition to jail time and fines, some of your rights, like the ability to own firearms or vote, may be taken away or suspended.
Dangerous Weapons
Carrying out conduct that is considered assault while using a dangerous weapon is aggravated assault under § 76-5-103(i)(A). “Dangerous Weapon” is itself a legal term that means anything used in a way that is intended to cause death or serious injury pursuant to § 76-10-106(1)(a). Several factors go into whether something is a dangerous weapon, including its “character” – like the thing being heavy – the seriousness of the injury inflicted with the use of the thing, and the manner of the item’s use. So, things like firearms are dangerous weapons because they can cause death and serious injury in their intended use, but something like a golf club can also be a dangerous weapon if employed as a striking implement.
Motor Vehicles
If you try or succeed in unlawfully injuring someone with a motor vehicle, that is aggravated assault pursuant to § 76-5-103(i)(B). For example, if you try to run someone over because you do not like them, that is aggravated assault under Utah law.
Impeding Breathing
Trying to stop someone else from breathing is aggravated assault per § 76-5-103(ii). Actions like choking someone or covering their nose and throat fall under this category.
Other Means
Utah Code § 76-5-103(iii) also considers “other means” that can lead to death or serious injury to be aggravated assault. This provision is here to make sure that an actor’s bad conduct does not slip through the cracks because the statute is worded too narrowly. Thus, conduct that is not explicitly listed but still really hurts someone else can be considered aggravated assault. For example, the statute does not expressly say that something like beating another person up until they are unconscious is aggravated assault. Still, under this provision, it would be considered aggravated assault because that conduct could easily lead to death or serious injury.
Let Our Herber City, UT Assault Defense Attorneys Help You Out
If you need help, call Overson Law at (801) 758-2287 and schedule a free case review with our assault defense attorneys.
