If you have been arrested for assault and have an upcoming trial, it is essential to fully understand the gravity of the charges against you and how to defend yourself best. Our team has been defending clients for years and can help your situation.
Simple assault can be categorized as either a class B or class A misdemeanor, depending on the alleged injuries involved. The differences in penalties for these two classifications are significant, and defendants can face more severe consequences if convicted. Our team is here to clarify the charges you are facing and help you build a defense that can fight them. Common defenses in assault cases often include self-defense, defense of others, and property protection. Demonstrating that you did not intend to cause harm could be key in helping you avoid a conviction for assault.
Call our assault defense lawyers at Overson Law today at (801) 758-2287 for a free review of your case.
Types of Assault Charges and Penalties in Eagle Mountain, UT
In Utah, assault is defined as the attempt to inflict bodily injury on another person using unlawful force or violence or as carrying out an act that either causes bodily injury or poses a significant risk to others. The simplest form of this crime is known as “simple” assault, which is the least severe charge one can face. More serious assaults are considered “aggravated” assaults. For defendants in Eagle Mountain, our assault defense attorneys might be able to reduce more serious assault charges to a class B simple assault. Doing so can help you avoid serious jail time and significantly lessen other repercussions you might face after a conviction, like significant fines.
Simple Assault
Under Utah Code § 76-5-102(3), simple assault is categorized as a class B misdemeanor in Utah. However, if the defendant caused substantial bodily injury to another person, the charge can be elevated to a class A misdemeanor. This escalation can also occur if the alleged victim was pregnant and the defendant was aware of her condition.
Class B misdemeanors carry penalties of up to six months in jail, although many defendants may only face fines reaching up to $1,000. In contrast, class A misdemeanor convictions can result in up to a year of imprisonment and fines, as outlined in § 76-3-204(1). The significant increase in penalties from class B to class A misdemeanor is particularly striking. It can catch defendants off guard, especially those unaware of the more serious consequences of a seemingly minor charge.
Moreover, individuals convicted of class B misdemeanors must wait four years to have their records expunged, while those with class A misdemeanors face a five-year waiting period.
Aggravated Assault
Aggravated assault usually takes place when individuals use dangerous weapons or motor vehicles or intentionally restrict someone’s breathing or blood circulation in order to inflict or attempt to inflict bodily harm. The key factor that sets aggravated assault apart from simple assault is the use of a weapon.
In Utah, aggravated assault is initially classified as a third degree felony under § 76-5-103(3). However, if the actions of the defendant result in serious bodily injury or a loss of consciousness, the charge can escalate to a second degree felony.
Challenging the extent of the victims’ alleged injuries could lead to a reduction in the charges against you, potentially helping you avoid the risk of a minimum one-year sentence for a second degree felony conviction. While second degree felonies can carry a maximum sentence of 15 years, third degree felonies are limited to a maximum of five years. Additionally, if charged with aggravated assault against a law enforcement officer, the offender will likely face first-degree felony charges, which come with a minimum prison sentence of five years.
Defenses to Assault Charges in Eagle Mountain, UT
Being found guilty of any assault charges can have far-reaching consequences, even if they can be cleared in the future. Thus, beginning your defense as soon as you are charged is crucial. Common defenses in assault cases include self-defense, protecting others, defending property, lacking the required intent, and mistaken identity. We can help identify and build a strong defense strategy so you feel confident that your rights are being protected as the case proceeds.
Self-Defense
Individuals who resort to force to protect themselves from perceived threats can invoke the principle of self-defense in assault cases, as per § 76-2-402(2). However, the level of force you use must be proportional to the force you are defending against. Our attorneys can demonstrate that your response was appropriate given the level of threat you faced and that the other party left you with no choice but to defend yourself against potential harm.
Defense of Others or Property
In Utah, defending others can shield you from assault charges. Our attorneys can bring in eyewitnesses who saw the incident unfold to support this defense. These witnesses can share how they felt threatened or unsafe because of the person the prosecution claims is the victim, helping us to establish that your use of force was justified. Like self-defense, though, the force must be appropriate to the threat when defending others.
Additionally, property owners can use force if they reasonably believe it necessary to protect their property from criminal interference. While this defense does not cover the use of deadly or excessive force, according to § 76-2-406, individuals can employ force proportional to the perceived threat, which can be invoked in an assault case.
Lack of Intent
In assault cases, particularly simple assault, a lack of intent to cause harm or accidental contact with the alleged victim can serve as an effective defense. By providing additional context about the circumstances surrounding the incident, a defendant might be able to demonstrate their lack of an intention to injure the alleged victim. This approach can weaken the state’s case enough to establish reasonable doubt, ultimately making it difficult for them to convict you.
Call Our Eagle Mountain, UT Assault Defense Lawyer Today for Help Defending Against the State’s Charges
Call our assault defense lawyers at Overson Law by calling (801) 758-2287 for a free case review.
