It is crucial to fully appreciate the seriousness of the charges against you and how to best overcome them, particularly if you have been arrested for assault and have a trial looming.
Simple assault could be charged as class B or A misdemeanors, depending on the alleged victim’s injuries. The differences in consequences for these two charges is substantial, and defendants might face harsher penalties than they anticipated upon conviction. We can explain the charges filed against you and begin preparing your defense immediately. Common defenses used in assault cases include acting in self-defense, acting in defense of others, and acting in defense of property. Proving you lacked intent to cause injury or were a victim of mistaken identity could help you avoid convictions for assault charges in Herriman.
Call Overson Law’s assault defense lawyers at (801) 758-2287 for a free case assessment.
Breaking Down Assault Charges in Herriman
Utah defines assault as the attempt to cause bodily injury to another using unlawful force or violence or committing an act with unlawful force or violence that causes bodily injury or creates a substantial risk for others. Simple assault is the most basic assault charge and carries the least severe consequence upon conviction. Reducing more serious charges to a class B charge for simple assault could help defendants avoid jail time altogether, largely mitigating the consequences they face following an arrest in Herriman.
Simple Assault
According to Utah Code § 76-5-102(3)(a), simple assault is charged as a class B misdemeanor in Utah. If the defendant also allegedly caused substantial bodily injury to another person, the charge could anatomically increase to a class A misdemeanor. This could also happen if the alleged victim was pregnant at the time and the defendant was aware. Class B misdemeanors are punishable by up to six months in jail, though often defendants only have to pay fines, which could be up to $1,000. Class A misdemeanor convictions could lead to almost a year in prison and fines, according to § 76-3-204(1). This substantial jump in consequences from class B to class A misdemeanors is noteworthy and could shock defendants unaware of the possible ramifications of being convicted of a slightly higher charge. Convicted defendants have to wait four years to get class B misdemeanors expunged and five years to get class A misdemeanors expunged.
Aggravated Assault
Aggravated assault occurs when individuals use dangerous weapons or motor vehicles or intentionally restrict another person’s breath or blood circulation to cause or attempt to cause them bodily injury. The use of a weapon is primarily what differentiates aggravated assault from simple assault. Initially, aggravated assault is charged as a third degree felony in Utah, according to § 76-5-103(3)(a). However, if the defendant’s alleged actions cause serious bodily injury or loss of consciousness, the charge could increase to a second degree felony. Contesting the severity of the alleged victims’ injuries could get the charges against you reduced, eliminating the risk of facing the minimum one-year sentence for second degree felony convictions in Utah. Second degree felonies have a maximum sentence of 15 years, while third degree felonies have a maximum sentence of five years. Aggravated assault against a law enforcement officer could be charged as a first degree felony in Utah, carrying a minimum prison sentence of no less than five years. First degree felonies are not expungable in Utah, no matter how much time has passed.
Preparing Defenses Against Criminal Assault Charges in Utah
Being convicted of any assault charges could stain your criminal record, even if they are expungable in the coming years. Defenses often used in assault cases include self-defense, defense of others, defense of property, lack of intent, and mistaken identity. We can identify and prepare a strong defense so you feel confident approaching your criminal trial in Herriman.
Self-Defense
Those who use force to protect themselves from the threat of others can argue self-defense during assault cases in Herriman. Our assault defense lawyers may show that the force you exhibited was proportional to the threat level levied against you and that the other person involved gave you no alternative other than to defend yourself from harm.
Defense of Others
Acting in the defense of others may prevent you from being convicted of assault charges in Utah. Our lawyers may involve eyewitnesses who were present during the altercation to prove this defense in court. Witnesses may testify that they felt threatened or in danger because of the party the prosecution alleges is the victim, helping us prove the defense of others to the jury.
Defense of Property
Utah allows property owners to use force they reasonably believe is necessary to protect their property from someone else’s criminal interference. While actors may not use this as a defense against using deadly or excessive force, according to § 76-2-406, they can use force proportional to the threat level. This is a strong defense when individuals use force in response to trespassing or theft of property and are charged with assault.
Lack of Intent
Lacking intent to cause injury or making accidental contact with the alleged victim could also be viable defenses in assault cases, particularly simple assault cases. Providing more context about the circumstances surrounding the incident or injury could help prove a lack of intent or, at the very least, undermine the persecution’s case enough for the jury to find reasonable doubt and be unable to convict the defendant.
Mistaken Identity
Unfortunately, law enforcement might mistakenly identify, arrest, and charge individuals for assaults they had no part in. In cases of mistaken identity, providing alibis is crucial. Our lawyers can confirm and corroborate your alibi using various tactics, such as putting witnesses on the stand during trial.
Call Our Attorneys in Herriman for Help with Your Case
Call the assault defense lawyers of Overson Law at (801) 758-2287 to discuss your case for free.
