While assault charges are not as grave as murder charges, they are still very serious crimes that can have serious consequences, including prison time and fines. Many assault crimes are either serious misdemeanors or felonies, both of which can have significant consequences beyond those spelled out in Utah statutes. People with felonies on their record may have difficulty finding work, getting loans from banks, or getting approved to live in certain areas. Felons are also prohibited from owning firearms. Additionally, family and friends may think of you differently or not want to associate with you at all. Since the consequences of getting convicted of assault can be so severe, it is important to mount a strong legal defense.
You fight assault charges by taking the prosecutor’s case against you and picking it apart. Our lawyers can present strong evidence and legal arguments to both support your innocence and disprove the prosecutor’s claims. Prosecutors are looking to show that the defendant’s conduct constitutes a crime, so strategies for defending against these charges involve disproving that the defendant’s conduct was a crime or showing that the defendant did not do the alleged conduct at all.
Get a free review of your case from Overson Law’s Salt Lake City assault defense lawyers when you call our office at (801) 758-2287.
Ways to Fight Elements of Assault Charges in Utah
In law, crimes are committed when an actor does a series of things, called “elements,” that constitute a crime. In court, prosecutors are trying to show the judge and jury that the defendant’s alleged conduct matches up with the elements of the crime they are being charged with. This means that, at the end of the day, many methods of fighting assault charges come down to disproving or casting into doubt whether certain elements of the given crime are met. There are different elements for different assault crimes, so our lawyers will have to tailor our approach to your case to give you the best defense we can.
Fighting Assault Charges
Utah defines assault in Utah Code § 76-5-102(2) as attempting or succeeding in causing bodily injury to another person through their actions. “Bodily injury” is itself defined in § 76-1-101.5 as illness, pain, or other impairment of someone’s physical condition. For example, starting a fistfight in a bar and breaking someone’s nose would constitute assault, and it will be assault whether you succeed in injuring your opponent or not.
To fight an assault charge, you disprove its elements. For example, suppose you are being charged with assault for allegedly punching someone in the face in a bar. If you have evidence that demonstrates, say, that someone else pushed you into the defendant and that is what injured them, that makes it so you did not intend to injure the defendant, and your conduct does not meet all the elements needed to be convicted of assault.
Fighting Aggravated Assault Charges
Aggravated assault, criminalized in § 76-5-103(2), is a much more serious crime than “ordinary” assault. Aggravated assault constitutes attempting or succeeding in causing bodily injury to another person with the use of a “dangerous weapon,” a motor vehicle, or through trying to choke someone or cut off their airways. “Dangerous weapons” are defined in § 76-10-506(1) as things that can cause death or serious injury through their intended use or manner of use. For example, firearms are dangerous weapons because they can kill in their intended use. However, a baseball bat can also be a dangerous weapon if it is being used as a club, even though its intended use is for baseball.
You fight aggravated assault charges the same way you fight assault charges – by disproving their elements. For example, if the victim alleges that you beat them over the head with a golf club, expert testimony suggesting that the victim’s wounds are not like those generally caused by golf clubs can help defeat an aggravated assault charge.
Other Ways to Beat Assault Charges in Utah
Aside from disproving elements of assault crimes, there are other ways our attorneys can combat assault charges in Utah. Many of these methods involve calling into question the integrity of the investigation or procedures against you. Police officers, judges, and prosecutors must follow procedural rules when bringing criminal charges against someone, as these rules ensure that defendants get a fair trial. Therefore, when people violate these rules, cases can be dismissed because justice did not get meted out fairly.
No Probable Cause on Arrest
If the police did not have probable cause to arrest you, you should not be charged with a crime. Our attorneys can examine the arrest process to ensure that law enforcement followed all laws and did not wrongfully arrest you.
Miranda Violations
It is required that you read Miranda warnings before any police interrogation begins. If you were not Mirandized before an interrogation or confessed to something under duress, we can prevent that information from being used in your case because it was obtained illegally.
Incorrect Identification
Even the justice system gets things wrong sometimes. If you have a strong alibi that you were not responsible for the crime committed against the victim, you should not be convicted of the charges against you. For example, if the victim got beat up in a back alley, and you have evidence that, at the time of the alleged crime, you were out to dinner on the other side of town with friends, that can help to support your innocence.
Should I Plead Guilty to Assault Charges in Utah?
As a defendant, you always have the option to plead guilty to the charges against you. Usually, this comes out of an agreement with the prosecutor for a less serious crime on your record, like disorderly conduct. While pleading guilty is an option, it is not a decision you should make lightly, and you should always speak to our attorneys before considering it.
Contact Our Utah Assault Defense Lawyer Today
Get in touch with Overson Law’s Utah criminal defense lawyers today when you call our office at (801) 758-2287.
