When approaching a criminal assault case, our lawyers can explain the charges against you and make a plan to overcome them.
Different assault charges carry different potential penalties for defendants in Utah. While simple assault may be charged as a Class B misdemeanor, aggravating factors could increase charges. Using a dangerous weapon during an assault may lead to third degree felony charges, which could carry consequences of up to five years in prison. Confirming the charges against you and your potential penalties is crucial when preparing your defense, as this will inform the bail set in your case. Our attorneys can explain how to post bail so that you can be involved in your defense, which may vary depending on the specifics of your case. For example, our attorneys may argue self-defense if you were attacked first or offer an alibi proving you were not present during the assault.
For a free and confidential case review from our assault defense lawyers, call Overson Law, PLLC today at (801) 758-2287.
Common Assault Charges and Penalties in Orem, UT
Assault charges vary, depending on the severity of the alleged offense and the harm done to the affected individual. While assault is typically charged as a Class B misdemeanor, certain factors could lead to elevated charges and the risk of harsher consequences.
Class B Misdemeanor
Simple assault is typically charged as a Class B misdemeanor in Utah, according to Utah Code § 76-5-102(3)(a). A conviction for a Class B misdemeanor could lead to six months in prison and a fine of $1,000. Class B misdemeanors are some of the simplest convictions to expunge, and our attorneys can initiate expungement proceedings if four or more years have passed since the end of your case. While jail time is possible for Class B misdemeanors, defendants might be able to avoid it with probation and fines. Despite carrying the fewest consequences for convicted defendants, Class B misdemeanors can seriously affect their professional and personal lives, making avoiding convictions paramount.
Class A Misdemeanor
Assault charges may increase to Class A misdemeanors if a defendant allegedly causes substantial bodily harm to an individual or the affected individual is pregnant and the actor knew of their pregnancy, according to § 76-5-102(3)(b). Class A misdemeanor convictions carry a maximum prison sentence of 364 days in Utah and potential fines of up to $2,500.
Assault of a peace officer or military service member in uniform is automatically a Class A misdemeanor, and defendants may face elevated charges for using a dangerous weapon during the assault or if they have been convicted of similar charges in the past.
Third Degree Felony
Aggravated assault involves the use of a dangerous weapon, motor vehicle, or act that would impede an individual’s ability to breathe, like applying pressure on the neck or obstructing an individual’s nose or mouth. According to § 76-5-103(3), aggravated assault is charged as a third degree felony upon the first offense. If the act results in serious bodily injury or leads to a loss of consciousness, a defendant may be charged with a second degree felony. Furthermore, if the actor intentionally targets a law enforcement officer and seriously injures them, they will be charged with a first degree felony.
For third degree felony convictions, defendants could face up to five years in prison and thousands of dollars in fines, according to § 76-3-203. While you can get third degree felony assault charges expunged in Utah, you will have to wait at least seven years to do so.
Posting Bail for Assault Charges in Orem, UT
When setting bail, judges consider various factors, like the severity of the alleged crime, the defendant’s likelihood to cause harm, and their ability to post bail. Our attorneys can argue for appropriate bail to be set in your case despite the assault charges brought against you.
For example, your family may depend on you to continue working while facing charges, and we can assure the court that you will adhere to all bail requirements, particularly if you do not have a criminal record. Defendants could risk losing their jobs if they have to await trial in jail and face additional difficulties, like strains on familial relationships.
Bail might be relatively affordable when defendants are charged with Class A or Class B misdemeanors, and our attorneys can explain how your loved ones can help post bail on your behalf so that you can participate in your defense.
Defending You Against Assault Charges in Orem, UT
Unfortunately, law enforcement might charge victims with assault who were simply defending themselves against an attack or act of aggression. Police officers might detain everyone at a scene without appropriately interviewing them, leading to conflicting statements and general confusion.
To prove self-defense in a case, our assault defense lawyers may interview eyewitnesses who were present at the time. Eyewitnesses may be able to identify the individual who initiated the interaction and confirm that you were defending yourself. Experts can also assist in these cases, reviewing medical records confirming both parties’ injuries and possible defensive wounds.
Victims might mistakenly identify innocent individuals as offenders, and offering a strong alibi can quickly resolve unfair charges. If you were arrested for an assault for which you were not present, do not explain that to the police yourself. Instead, wait for our lawyers to arrive so that we can offer law enforcement your alibi, as police officers might intentionally try to confuse you when asking questions.
In assault cases, the prosecution must show the defendant intended to cause harm. Showing a lack of intent can help those facing assault charges, particularly if their actions were not meant to cause harm to an affected individual.
Call Our Orem, UT Lawyers for Help with Your Defense Today
Call the assault defense lawyers of Overson Law, PLLC at (801) 758-2287 for a free case assessment.
