Assault can range from a moderate crime to a very severe crime depending on whether it was charged as “simple” assault or aggravated assault. In many cases, the line between these two charges is blurry, and there is a blurry line as to when charges should even apply in the first place.
In any case, you should have a defense lawyer at your side to fight the case, seek to have charges dropped or dismissed, and to fight for a lower sentence when probation and fines might be appropriate instead of jail time.
For a free case review, call Overson Law’s assault defense lawyers at (801) 758-2287 today.
Penalties for Assault in Taylorsville, UT
Assault can be charged as “simple” assault (what the law just calls “assault”) under Utah Code § 76-5-102 or “aggravated assault” in more serious cases under § 76-5-103. There are also other various code sections for charges stemming from assault on particular individuals (e.g., police officers), by particular people (e.g., prisoners), or through specific methods (e.g., throwing poop at a corrections officer).
The specific penalties can vary, but most of these crimes are going to be charged as a class B misdemeanor, class A misdemeanor, third degree felony, second degree felony, or first degree felony. For a class B misdemeanor, penalties involve up to 6 months in jail and fines up to $1,000; for class A misdemeanors, up to 364 days in jail and fines up to $2,500. For more serious felonies, you can face 0-5 years in prison for third degree felonies, 1-15 years in prison for second degree, and 5 years to life for first degree. For these felonies, fines are up to $5,000 for third degree or up to $10,000 for second or first degree.
Note that with misdemeanors and third degree crimes, the penalty is “up to” whatever cap. This means you can be sentenced to no jail time and fines alone, or potentially to probation, which will involve conditions of release and supervision but no jail time. With second degree or first degree felonies, there is a mandatory minimum. Specific statutes might also involve a mandatory minimum or amount of time that must be served in jail/prison before release is allowed.
Various Ways Assault Can Be Charged in Taylorsville, UT
When we say “assault,” people usually think of someone being beaten up, but assault can actually be charged under at least one of the applicable statutes in Utah Code Title 76, Chapter 5, Part 1 for all of the following conduct:
Punches, Kicks, and Other Strikes
Hitting someone is the most obvious example of assault, and it is also one of the most common ways people are charged. Fighting can generally be charged as assault, with bruises and cuts and soft tissue damage often being enough to qualify as assault.
Attempted Strikes
Attempting to hit someone is also enough for assault. As long as you were using force, there is no difference in your charges if you missed or the intended victim dodged or blocked the strike; this can still be charged as assault.
Threats + Shows of Force/Violence
A threat, on its own, is usually charged under another statute for threats. However, threatening to hurt someone and displaying a show of force or violence is enough for assault charges. This could be something like threatening to hit someone with a bat and striking the bat against a nearby wall.
Shooting
Shooting someone with a gun feels like it would be far worse of a crime than assault, but it does indeed fall under the definition of aggravated assault in most cases. However, because this has such a serious risk of death and often will be intended to kill the victim, this can also be charged as attempted murder in many cases.
Attacking with a Weapon
Using a “dangerous weapon” on someone often counts as aggravated assault, given that it is more serious and likely to seriously injure or kill them. Dangerous weapons are defined under § 76-1-101.5 to include obvious weapons like swords, knives, and clubs. This definition’s broad terms of being “any item” that can cause “death or serious bodily injury” would also include many other household items, such as a baseball bat, frying pan, or maybe even a chair. Ultimately, whether something fits the definition of a weapon or not will often be up to the jury.
Throwing Poop or Other Bodily Waste/Fluids
Simply spitting on someone often is not enough to be considered assault, but it might be if you are incarcerated and you spat on a guard/corrections officer. However, there usually must be some knowledge that you knew your spit was dangerous because you had HIV or hepatitis. Similarly, the law specifically makes it illegal to throw or project urine, poop, semen, or other bodily waste/fluids onto a corrections officer. This also applies to attacks on healthcare providers at a prison/jail.
Poisoning
Putting something in someone’s drink or food in an attempt to make them sick, injure them, or actually kill them is often considered assault. Although there is no force, it is still hurting someone intentionally and can be charged.
Strangulation
Blocking someone from breathing is not only assault, it is usually charged as aggravated assault. Truly cutting off someone’s airway or holding their head underwater can quickly lead to death, and so it is considered more dangerous than “simple” assault.
Self-Defense for Assault Charges in Taylorsville, UT
One of the most common defenses that nearly everyone knows about is self-defense. Self-defense or defense of others is called an affirmative defense, in that you agree that the attack happened, you just claim that it was legal and not a crime. This can be a tricky defense because you often need to admit to the facts that you did strike or hit another person, and you need to rely on what you did being legal.
Self-defense must be proportional to the force used against you (e.g., no deadly force against fists), it must be used when you are actually in danger, and it must be reasonable, or else your defense could fail.
Call Our Taylorsville, UT Assault Defense Lawyers Today
If you were charged with assault or aggravated assault, call Overson Law’s assault defense lawyers today at (801) 758-2287.
