Criminal charges can be filed even if no assault is committed.
Simply possessing a dangerous weapon “with the intent to unlawfully assault another” can result in a year in jail and thousands of dollars in fines, even if no assault is ever committed. Possessing the weapon with the required mental state (intent) is enough to support a charge.
Weapon Possession with the Intent to Assault – Elements
Under the Utah criminal code, a person is guilty of “possession of a deadly weapon with the intent to assault” if he has “upon his person any dangerous weapon with intent to
unlawfully assault another.”
The best defense attorneys ask questions that police don’t.
To obtain a criminal conviction, the prosecutor is not required to prove that an assault
actually occurred. Rather, the elements of the crime only require proof of an “intent”to commit an assault. If an actual assault occurs, and a dangerous weapon is used or threatened, the offense becomes a felony aggravated assault.
This charge does not require evidence that the weapon was concealed. However, if the weapon was in fact concealed, an additional criminal charge for carrying a concealed weapon.
A concealed weapons violation does not require proof of any intent to commit an assault. If a person does not have a concealed weapons permit, mere proof that the weapon was concealed can be sufficient to support criminal charges.
The best attorneys understand your case involves more than just what happens in court.
If a person is considered a “restricted” person under Utah law (a person not permitted to carry a weapon by reason of a past felony conviction, status as a drug user, etc.), then an additional criminal charge for possession of a weapon by a restricted person can be added to either a concealed weapon violation or a charge of possessing a weapon with the intent to commit an assault.
Consequences of Conviction in Utah
A criminal charge for possession of a dangerous weapon with the intent to commit an assault is typically filed as a class A misdemeanor, which is punishable by up to a year in jail plus fines and surcharge totaling almost $5,000. Charges for carrying a concealed weapon can range from the class B misdemeanor level to the second degree felony level depending on the type of weapon involved.
Choosing the Right Lawyer
Achieving the best results in your criminal case is more likely when you choose the right criminal defense lawyer. Contact us now to schedule an initial consultation and see how the right defense team can help you.
Understanding your goals is the first step to developing the best defense strategy.
