Davis County Utah

Defending Aggravated Assault Charges in Utah

A Utah aggravated assault conviction can leave you labeled as a convicted felon with penalties that can include substantial jail or prison time. If you are facing prosecution for aggravated assault in Utah, hiring the right attorney is one of the most important decisions you will make.

Elements of a Utah Aggravated Assault Charge

Under Utah law, an aggravated assault charge consists of a simple assault charge, plus an aggravating factor. The aggravating factors that can turn a misdemeanor assault charge into a felony aggravated assault include use of a dangerous weapon, or the use of โ€œother means or force likely to cause death or serious bodily injury.โ€ Utah Code 76-5-103.

An aggravated assault charge can also be supported by evidence that the assault resulted in a โ€œseriousโ€ bodily injury. The term โ€œseriousโ€ bodily injury is specifically defined by statute as meaning any bodily injury that โ€œcreates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.โ€ Serious injury can also include choking or restricting another person’s airway or ability to breathe.

(A โ€œsubstantialโ€ bodily injury is less serious than a โ€œseriousโ€ injury, and is defined as including any โ€œbodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.โ€ An assault that results in a โ€œsubstantialโ€ bodily injury can result in a simple assault charge enhanced to the class A misdemeanor level.)

Penalties for an Aggravated Assault Conviction in Utah

A Utah aggravated assault charge begins at a third degree felony level, punishable by up to 5 years in prison. A third degree felony may be charged if the aggravated assault involves a weapon or a โ€œsubstantialโ€ bodily injury. In cases where a more โ€œseriousโ€ injury occurs as a result of the assault, then the charge can be increased to a second degree felony, punishable by up to 15 years in prison.

A conviction for an aggravated assault charge is also considered a โ€œviolent felony.โ€ Absent a 402 reduction, a violent felony is an offense that cannot be expunged from your record.

Self Defense in a Utah Aggravated Assault Case

As an affirmative defense, self defense serves as a complete defense to a charge of aggravated assault. A โ€œcomplete defenseโ€ means that even if you committed the acts alleged by the prosecutor, you may not be guilty of any crime.

Applying Utahโ€™s self defense statute to your case can involve a complicated legal analysis. An experienced criminal defense attorney can evaluate your case and help you determine whether a self defense claim may be the best way to defend your case.

A successful defense strategy based on your goals.

Other Related Charges Criminal Charges in Utah

A charge related to aggravated assault, but less serious, is โ€œthreatening or using a dangerous weapon in a fight or quarrelโ€ (sometimes referred to as a โ€œbrandishingโ€ charge). Although the differences between a โ€œthreateningโ€ charge and an aggravated assault are sometimes subtle, your attorney may be able to convince a prosecutor that the case has been overcharged, and that the misdemeanor charge is more appropriate.

Another related criminal charge can be filed for simply possessing a weapon with the intent to commit an assault. This charge does not require to prove that an assault was committed or that any threats were made. But the prosecutor is
required to prove that the person had the actual intent to commit at assault.


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