Many of us have some idea of what it means to be assaulted, but a lot of people do not realize that assault charges and penalties range from somewhat minor to extremely severe. Considering the broad spectrum that encompasses assault, it is no wonder that penalties may be hard to predict. In some cases, penalties may change based on certain aggravating or mitigating factors.
Penalties for assault depend on how the assault happened. Simple assault may be met with misdemeanor charges, and jail time typically does not exceed 1 year. Aggravated assault is a much more serious felony, and defendants may face years behind bars. Sentencing for assault tends to include a possible range of fines and time in jail or prison, which may be imposed at the judge’s discretion. However, some aggravating factors, like using a weapon, may require the minimum sentence to be increased.
For a free, confidential assessment of your case, contact our Salt Lake City assault defense attorneys at Overson Law, PLLC by calling (801) 758-2287.
What Happens if Someone is Convicted of Assault in Utah
The crime of assault is one of those things that most people have heard about but likely do not understand the full extent of its legal implications. Assault often involves the unlawful use of force or violence against another person, but it can be completed in a multitude of ways. As such, the grading of offenses and severity of penalties varies widely from case to case.
Assault
Simple assault, according to Utah Code § 76-5-102(2), occurs when someone attempts to use unlawful violence or force to inflict bodily injuries on another person. It can also involve an act with unlawful force that actually causes harm or creates a substantial risk of bodily harm. Assault does not necessarily have to result in physical injuries for someone to be charged.
Penalties for simple assault are found under § 76-5-102(3), and the charge is often graded as a Class B misdemeanor. However, if the defendant caused the victim substantial bodily injuries or the victim was pregnant at the time of the assault and the defendant knew, the charge may be upgraded to a Class A misdemeanor.
Under § 76-3-204, a Class B misdemeanor may be punished by a jail term of no longer than 6 months. For Class A misdemeanors, the jail term may be no longer than 364 days. Our Utah assault defense lawyers might be able to help you avoid an increase in penalties by refuting aggravating factors or presenting mitigating factors.
Aggravated Assault
Aggravated assault often involves a greater degree of harm or certain aggravating factors, making the offense more serious. Aggravated assault, under § 76-5-103(2), may be charged if the defendant attempts to use unlawful force to cause bodily injuries by making a threat immediately followed by a show of force, or they use unlawful force that actually causes bodily harm or creates a substantial risk of harm.
Additionally, aggravated assault requires the defendant’s actions to involve one of two aggravating factors. First, the defendant must have used a dangerous weapon or a motor vehicle. Second, the defendant must have intentionally or knowingly impeded the victim’s breathing by strangulation or otherwise obstructing their nose, mouth, or airways.
According to § 76-5-103(3), aggravated assault is usually charged as a third-degree felony. However, the offense grading may be upped to a second-degree felony if the assault resulted in serious bodily injuries or a loss of consciousness in the victim. Additionally, the charges may be upped to a first-degree felony if the defendant allegedly targeted a law enforcement officer and caused them serious bodily harm.
According to § 76-3-203, a third-degree felony may be punished with a prison term of up to 5 years. If the defendant is charged with a second-degree felony, they may face up to 15 years in prison. Finally, for a first-degree felony, one of the most serious charges on the books in Utah, a defendant may face no less than 5 years in prison and up to life.
Factors That May Affect Penalties for Assault in Utah
Assault penalties may be adjusted depending on the presence of certain aggravating factors. Many such factors may increase the minimum penalties, meaning you will likely spend longer in jail or prison before you become eligible for release or parole.
Body Armor
Body armor is defined under Utah Code § 76-3-203.7(1)(a) and may include anything intended to shield the wearer from bullets or otherwise protect them from injuries caused by dangerous weapons. If a person uses body armor in the commission of a violent felony, such as aggravated assault, the potential penalties may be increased.
Under § 76-3-203.7(2), if someone who used body armor is convicted of a first-degree felony, the minimum prison terms may be upgraded from 5 years to 6. For second-degree felonies, the defendant may be sentenced to at least 2 years but not more than 15, or possibly up to 20. For third-degree felonies involving body armor, the defendant may face at least 1 year and up to 5 or possibly 10 years at the court’s discretion.
Children
When kids are involved in almost any crime, it may be viewed as a serious aggravating factor. According to § 76-3-203.10(3), someone who commits a violent criminal offense, like assault, in the presence of a child may face additional charges for a Class B misdemeanor. Remember, this is in addition to the assault charges, and you may face additional time in jail for the extra charge.
Victim Targeting
When a defendant is accused of targeting a victim based on certain “personal attributes,” they may face upgraded criminal charges. A personal attribute, under § 76-3-203.14(1), may be a characteristic including, but not limited to, age, disability, ethnicity, gender identity, race, religion, sexual orientation, political expression, and national origin.
Under § 76-3-203.14(3), the charges may be increased if the trier of fact (i.e., the judge or jury) finds beyond a reasonable doubt that the defendant targeted the victim based on certain personal attributes. A Class C misdemeanor becomes a Class B, a Class B becomes a Class A, and a Class A becomes a third-degree felony.
If you are already facing a third-degree felony, your charges will not change, but the sentencing requirements will become stricter. A third-degree felony must be penalized by at least 1 year in prison and up to 5. A second-degree felony must be penalized by at least 2 years in prison and up to 15.
Speak to Our Utah Assault Defense Lawyers for Help with Your Case
For a free, confidential assessment of your case, contact our Lehi assault defense attorneys at Overson Law, PLLC by calling (801) 758-2287.
