Assault is a commonly known criminal charge, but many do not fully understand what constitutes assault in Utah. It is a violent crime, and charges vary based on how the assault is completed, whether weapons are used, and the identify of the victim. Call a lawyer immediately if you are facing assault charges.
Assault is an intentional act that involves causing or attempting to cause bodily harm with unlawful force or violence. In more serious situations, charges may be upgraded to aggravated assault, and the penalties are much harsher. You may defend yourself if your actions were justified, there is a lack of evidence, or the alleged victim was abusive, and the assault was necessary to stop the abuse.
Get a private, free case assessment from our assault defense attorneys at Overson & Bugden by calling (801) 758-2287.
How You Might Be Charged with Assault in Saratoga Springs
Assault is a broad criminal charge that may apply in numerous situations. Some assault cases are less severe and may be charged as misdemeanors. Others are more severe, and defendants might face felonies and years in prison. Our assault defense attorneys may fight the charges based on evidentiary issues or facts unique to your case.
Assault
Assault is described under Utah Code § 76-5-102(2) and may occur in one of two ways. First, someone may be charged if they attempt to use unlawful violence or force to inflict bodily harm on someone. Second, they may be charged if they use unlawful violence or force to actually cause bodily harm or create a substantial risk of harm to someone else.
Generally, assault may be charged as a Class B misdemeanor, which is punishable by a jail term of no more than 6 months. However, charges may be upgraded to Class A misdemeanors if the defendant causes substantial bodily harm or the victim is pregnant, and the defendant knows about the pregnancy. A class A misdemeanor may be met with a jail term of up to 364 days. Multiple counts of assault may quickly add up to a lengthy jail sentence.
Aggravated Assault
Aggravated assault typically involves more dangerous force, weapons, or injuries. According to § 76-5-103(2), aggravated assault may be charged if a defendant attempts to do bodily harm to another through unlawful force, threatens bodily harm with a show of immediate force, or creates a substantial risk of bodily harm to another through unlawful force.
In addition, aggravated assault charges may require that the defendant use a weapon or motor vehicle as part of the alleged offense. You might instead be charged if you knowingly obstruct the victim’s airway (i.e., strangulation) or use some other means likely to cause death or serious injury.
Aggravated assault may be charged as a third-degree felony punishable by a prison term of up to 5 years. If the alleged offense results in serious injuries or a loss of consciousness, the charges may be increased to second-degree felonies punishable by no less than 1 year and up to 15 years. Charges may be increased to first-degree felonies punishable by at least 5 years in prison and up to life if the alleged victim is a law enforcement officer who is seriously injured.
Defending Yourself Against Assault Charges
Your defense options will depend on how the alleged offense occurred and various factors surrounding the case. Below are just a few options worth exploring with your attorney, although you may have others to choose from.
Self-Defense
Some defendants fully admit to having committed the assault, but they claim their actions are justified. Self-defense is a common justification that may help you avoid conviction. According to Utah Code § 76-2-402(2), you may argue self-defense if you reasonably believed your actions were necessary to defend yourself or another from the imminent use of unlawful force.
Self-defense claims often come up in cases where the defendant claims that the victim was the initial aggressor. Generally, the force used by the defendant should be proportional to the force from the alleged victim for this defense strategy to be valid.
Abuse
It is not unusual for victims of abuse to be charged with assault after striking back against abusers. If the alleged victim was abusive toward you, you might be able to claim battered person mitigation under § 76-2-409(2)(a).
You may claim this defense if your actions are not justified as self-defense, but they were committed against a cohabitant who has demonstrated a pattern of abuse against you, and you reasonably believed your actions were necessary to end the abuse. We must prove these claims by “clear and convincing evidence,” which is a high burden of proof.
This mitigation does not typically absolve a defendant of responsibility. However, it may allow us to reduce the charges by one step. If you are facing a Class A misdemeanor, this defense may reduce the charges to Class B misdemeanors.
Lack of Evidence
If prosecutors lack enough evidence to prove the charges beyond a reasonable doubt, we can move to have the charges dismissed. If the charges are dismissed without prejudice, prosecutors may refile them if they uncover additional evidence. If they are dismissed with prejudice, prosecutors can never refile the charges against you.
Even if we cannot have the charges dismissed for a lack of evidence, we can highlight evidentiary deficiencies to convince the jury to find you not guilty. For example, is there evidence beyond the alleged victim’s word? Can you be identified as the assailant? If not, prosecutors might have very weak evidence against you.
Speak to Our Saratoga Springs Assault Defense Attorneys About Your Case
Get a private, free case assessment from our assault defense attorneys at Overson & Bugden by calling (801) 758-2287.
