Assault Defined
Pursuant to Section 76-5-102 of the Utah Criminal Code, Assault is defined as:
- an attempt, with unlawful force, to do bodily injury to another (regardless of whether the strike was successful or not); or
- athreat, accompanied by a show of immediate force violence, to do bodily injury to another; or
- an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
If the target is unaware of the danger, it is unlikely that a person will be convicted of assault. Furthermore, to commit an assault, a person must be reasonably capable of carrying through with the threatened or attempted attack.
In general, assault is considered a Class B Misdemeanor, punishable by $1,000 in fines and up to six (6) months in jail. However, an assault charge can be enhanced to a Class A Misdemeanor if the victim is pregnant or if the assault causes substantial bodily injury to the victim. A Class A Misdemeanor is punishable by up to one (1) year in jail and up to $2,500 in fines, among other sanctions.
Other factors may also warrant elevated or enhanced charges. For example, if the victim is a school employee or a police officer, an assault charge can be elevated to a Class A Misdemeanor. Furthermore, if a prisoner commits an assault, it may be classified as a Third Degree Felony.
Aggravated Assault is defined as physically attacking another person, which results in serious bodily harm and/or is made with a deadly or dangerous weapon. Aggravated assault is usually a felony punishable by a term in state prison.
Assault with a Deadly Weapon is an aggravated assault in which a deadly weapon is used to threaten the victim with death or serious bodily injury.
Sexual Assault is found when the defendant has sexual intercourse with another person, without that person’s consent (rape), or makes offensive sexual contact with another person–exclusive of rape.
Other violent crimes referred to in Utah Code Annotated §76-5 include:
- Domestic Violence (DV)
- Mayhem
- Kidnapping
- Murder
- Manslaughter
- Arson
- Making Terrorist Threats
- Child Abuse
- Sexual Child Abuse
Battery Defined
Battery is defined as the intentional striking of someone, with intent to harm, or in a “rude and insolent manner”, even if the injury is slight or relatively minor. Here, intent must be proven, so negligent or careless contact that is unintentional is NOT battery, regardless of the amount of harm.
POTENTIAL CONSEQUENCES OF BEING CONVICTED OF ASSAULT AND/OR BATTERY
There are several sanctions that can be imposed on you if you are convicted of Assault and/or Battery in Utah, including
- Significant fines
- Imprisonment
- Probation or parole
- Ordered to Attend Anger Management Class
- Loss of right to own a deadly weapon
Factors to Consider
If you are charged with Assault and/or Battery in Utah, the following factors will likely be taken into consideration by the Court when determining what punishment or sanctions to impose on you:
- Whether or not you have any prior convictions for similar behavior
- Whether or not you are currently on probation or parole
- Your relationship with the victim
- Mitigating/aggravating circumstances
Defenses
There are several defenses to being charged with Assault or Battery in Utah, including:
- Self Defense
- Defense of Others
- Defense of Property
- Insufficient Evidence
- Factual Innocence
CONSULT WITH AN EXPERIENCED CRIMINAL DEFENSE ATTORNEY TODAY!
You can count on M.A. MUNSON LAW to aggressively and effectively defend you in all aspects of your Assault and/or Battery case–from negotiating a potential plea bargain with the prosecutor to representing you at trial, or arguing for the best possible sentencing conditions on your behalf. Having the right attorney in your corner can make all the difference.
We are proud to represent clients throughout Central Utah and Southern Utah, including Cedar City, St. George, Beaver, Parowan, Paragonah, Panguitch, Enterprise, Brian Head, Hurricane, Washington, Richfield, Enoch, Fillmore, and Kanab.
Call (435) 238-7734 or CONTACT US ONLINE today for a FREE CONSULTATION.
