Ogden Assault Attorney
Being accused of committing a serious violent crime is an extremely isolating and stressful experience. Too often, mere allegations have the power to interfere with the personal and the professional alike, while an actual conviction can be devastating and completely life-altering.
Utah enforces tough penalties for criminal convictions, and if you have been charged with assault or aggravated assault in Weber County, you could be facing years of incarceration and thousands of dollars in fines. Not only are there immediate consequences like prison time and restitution, you could also be burdened by a criminal record which can continue to create obstacles long after your sentence has been served.
The bottom line is that the allegations against you cannot be taken lightly. If you are facing criminal charges, it is absolutely critical that you contact an experienced Utah assault defense attorney as soon as you possibly can. To schedule a free and confidential legal consultation, call Darwin Overson right away at (410) 431-0911. Let’s start exploring your options for the future.
Our Utah Assault Attorneys Offer Free Consultations
During such a difficult time, it can be very easy to feel overwhelmed, helpless, and lost. But you don’t have to fight your charges or navigate through the complex criminal justice system on your own: attorney Darwin Overson may be able help you seek justice. With over 15 years of dedicated experience defending the people of Utah and Salt Lake City, Darwin Overson is committed to aggressive legal advocacy for both adult and juvenile clients. When you need the support of an experienced attorney, you can call on our firm.
These charges are comparatively common in Utah, including Salt Lake City. According to the 2012 Crime in Utah Report released by the Utah Department of Public Safety, an aggravated assault takes place every 2.36 hours, while simple assault allegations are even more commonplace. That year, the Salt Lake City Police Department reported 844 aggravated assault arrests, while the state of Utah as a whole documented nearly 9,000 adult arrests for simple assault, in addition to another 1,763 juvenile arrests. While anyone can be charged, the documented arrestees were primarily male.
About Utah Assault: Fines and Penalties
This offense is divided into two basic categories: “simple” and “aggravated,” with the former referring to incidents classified as non-aggravated. The latter charge is more serious, and comes with harsher penalties as a result.
Assault is addressed by 76-5-102, which defines this offense as any of the following:
- An attempt or threat to cause bodily injury.
- Causing bodily injury.
- Creating “a substantial risk” of bodily injury.
Aggravated assault is addressed by 76-5-103, which defines this offense as simple assault accompanied by:
- A dangerous weapon (which can be “any item capable of causing death or serious bodily injury,” or even an imitation of a real weapon, under 76-1-601).
- “Other means or force likely to produce death or serious bodily injury.”
Simple assault can be graded in one of two ways, depending on the severity of the injuries:
- Class B Misdemeanor: Up to 6 months in jail, maximum fine of $1,000.
- Class A Misdemeanor: Up to 1 year in jail, maximum fine of $2,500.
Simple assault can also be classed as an A misdemeanor if the victim is a pregnant woman whose pregnancy is known to the alleged offender.
Aggravated assault can also vary in severity, but regardless of grading it is classified as a felony. If you are convicted of a felony, in addition to the heavy fines and prison time, you will also lose your firearm privileges and your right to vote.
- 3rd Degree Felony: Up to 5 years in prison, maximum fine of $5,000.
- 2nd Degree Felony: Up to 15 years in prison, maximum fine of $10,000.
These charges can be classed as second degree if the result of the alleged incident is “serious bodily injury.”
Because the extent of injury is a key factor in how the charges are categorized, it is important to distinguish between injury and serious injury. Under 76-1-601:
- “‘Bodily injury’ means physical pain, illness, or any impairment of physical condition.”
- “‘Serious bodily injury’ means bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.”
If you or someone you love is facing these charges, it is extremely important that you contact an attorney right away. To arrange for a private case evaluation free of charge, call Darwin Overson at (410) 431-0911, or contact us online today.