Assault charges can seriously impact your life if convicted. Whether you are facing simple or aggravated assault charges, our lawyers can help defend you.
Even convictions for simple assault can seriously affect your life. Individuals can face Class A and B misdemeanor convictions for simple assault, which can still result in jail time and significant fines. Aggravated assault can be punished with years in prison. However, you might have had very good reasons for being involved in an altercation, such as self-defense. You can also claim defense of another or defense of property. Our lawyers can defend you by gathering evidence and witnesses to show that you were justified in using force.
For a free and private assessment of your case from our assault defense lawyers, call Overson & Bugden today at (801) 758-2287.
How Assault is Charged in Springville, UT
In Utah, assault is defined as either attempting to inflict bodily harm on someone using illegal force or violence, or performing an act that employs unlawful force or violence which results in bodily injury or poses a significant risk to others. Simple assault is the most basic form of assault charge and carries the least severe penalties upon conviction. Reducing more serious charges to a Class B level for simple assault could help defendants in avoiding jail time completely, significantly reducing the repercussions they face after being arrested.
Our assault defense lawyers can represent you and argue the facts that can lower your charges. The difference between simple and aggravated assault can turn on a few facts, but aggravated assault carries far harsher penalties.
Simple Assault
Under Utah Code § 76-5-102(3)(a), a simple assault is categorized as a Class B misdemeanor. If it is alleged that the defendant inflicted substantial bodily injury on someone, the classification could escalate to a Class A misdemeanor. This escalation may also occur if the victim was pregnant at the time and the defendant was aware of this fact.
Class B misdemeanors can result in penalties of up to six months in jail, although in many cases, defendants may only be required to pay fines up to $1,000. Convictions for Class A misdemeanors can lead to nearly a year of imprisonment and fines, as per § 76-3-204(1).
The significant difference in penalties between Class B and Class A misdemeanors is important to note and often surprises defendants who are not informed about the potential consequences of a slightly more serious charge. Defendants found guilty must wait four years for Class B misdemeanors to be expunged and five years for Class A misdemeanors to be eligible for expungement.
Aggravated Assault
Aggravated assault takes place when someone uses dangerous weapons or vehicles or deliberately restricts another person’s breathing or blood flow with the intent to inflict or attempt to inflict bodily harm. The primary distinction between aggravated and simple assault lies in the use of a weapon.
In some cases, aggravated assault is classified as a third-degree felony, according to § 76-5-103(3)(a). However, if the actions attributed to the defendant result in serious bodily harm or a loss of consciousness, the charge can be increased to a second-degree felony. Challenging the severity of the alleged victim’s injuries can lead to a reduction in charges, potentially eliminating the chance of facing the minimum one-year sentence given for convictions of a second-degree felony under § 76-3-203(2).
Second-degree felonies carry a maximum penalty of 15 years imprisonment, whereas third-degree felonies have a maximum penalty of five years in prison. If aggravated assault is committed against a law enforcement officer, though, it can be charged as a first-degree felony, which includes a minimum prison term of at least five years and up to life in prison under § 76-3-203(1). However, first-degree felonies cannot be expunged, regardless of the time that has passed since the conviction.
Potential Defenses to Assault Charges in Springville, UT
Assaults often arise from conflicts between people that are not always clear cut. If you had a good reason for the assault, our team might be able to use it as a defense. You have a right to self defense and defense of others, but only under certain conditions. You might also have been defending property when you committed assault. Our team can help point out the facts that show you are not guilty of the crime charged.
Self Defense
The most common defense to assault charges is that you were actually the victim defending yourself from harm. According to § 76-2-402(2), individuals are justified in using force against another person when and to the extent that they reasonably believe that force or the threat of it is necessary to defend themselves against imminent unlawful force or to prevent death or serious bodily injury.
This means that the assault must be proportional to the threat or attack. The threat must also be imminent, meaning that the person must have the present ability to put you in fear of bodily harm.
Defense of Others
You can also defend against assault charges by showing that you were defending another person. Like self defense, you must reasonably believe that someone else is in danger of imminent bodily harm or death to respond violently. The force you use must be proportional to the threat, so if you are fighting for your life, that would otherwise be aggravated assault might be excused.
Defense of Property
You can also use force to defend real and personal property.
Use of force to defend personal property is governed by § 76-2-406 and only allows non-deadly force to defend property. Alternatively, defense of your home, car, or office is governed by § 76-2-405, authorizing deadly force against violent attempts to break into the building/car and assault people inside. In any case, force must also be proportionate and reasonable.
Call Our Springville, UT Assault Defense Lawyers Today for Help Defending Your Case
Contact Overson & Bugden at (801) 758-2287 for your free, private case review with our assault defense attorneys.
