Aggravated Assault v.
Attempted Murder
What makes the difference between an attempted murder charge
and an aggravated assault charge in Utah?
Intent is the single most important factor to consider in
distinguishing between an
aggravated
assault
charge and an
attempted
murder charge. Sometimes referred to as "mental
state" or "
mens rea"
(a Latin phrase meaning
"a guilty mind"), the mental intent of defendant must match the
required intent
element in most Utah crimes. In a case involving a charge of attempted
murder, the prosecution must be able to prove that the defendant had
the specific intent that actual death be caused.
Aggravated
assault and attempted murder are both serious
felony
charges that
require the assistance of an
experienced
criminal
defense attorney.
Contact us today to
see how we can help.
Specific Intent Crimes - General Examples

A
specific intent crime is one which requires both proof of the required
conduct (acts or omissions by the defendant) and also proof that the
defendant acted with the intent that a specified result occur or that a
specific goal be achieved. Many offenses that are classified as
specific intent crimes contain the phrase "with the intent to" as part
of the statutory elements of the offense.
Burglary - Burglary
is a common example of a specific intent crime. Under Utah law,
burglary can be charged when the evidence demonstrates that a person
"enter[ed] or remain[ed] unlawfully in a building . . .
with the intent to
commit [a felony, theft, assault, lewdness, sexual battery, etc.]" In
order to support the charge, a prosecutor does not have to prove that
any of the listed crimes was actually committed. Instead, the
prosecutor must show unlawful entering or remaining and also show that
the defendant had "the intent to" commit one of the listed offenses.
Without evidence of the defendant's intent to commit one of the listed
offenses, entering or remaining unlawfully in a building becomes a
relatively minor trespass charge. With evidence that the defendant
entered or remained unlawfully and also intended to commit one of the
listed offenses, the charge becomes a much more serious felony.
Theft - Theft
is another common example of a specific intent crime. For the most
common form of theft, Utah law requires evidence that a defendant
"obtain[ed] or exercise[d] unauthorized control over the property of
another
with the
purpose to deprive [the owner] thereof."
Attempted Murder or Aggravated Assault
Attempted
murder is a "specific intent" crime, which means that in addition to
proving that the defendant willfully or intentionally engaged in the
alleged conduct, the prosecutor must also prove that the defendant
acted with the intent to achieve a specific result. For a charge of
attempted murder, the prosecutor must prove not only that a defendant
committed an act that could have caused death, but but with the
specific intent that death actually be the result of the act.
A person's intent is generally not provable by direct evidence. Police,
prosecutors, and jurors often will look to circumstantial evidence to
attempt to determine the defendant's actual intent. Facts that are
often considered in this context can include the nature of any injuries
inflicted, the degree or severity of any such injuries, the type of
weapon used (if any), possible motives of the defendant, the absence of
possible motives, or statements made by the defendant before or after
the incident. This is not an exhaustive list of possible evidence, but
it should serve to illustrate potential ways in which a prosecutor
might present evidence to support the intent element of an attempted
murder charge.
If the evidence in a case proves that a defendant caused or even
attempted to cause injury to another person but the evidence does not
demonstrate an intent to cause death, the evidence does not support a
conviction for attempted murder. If the injury is serious or even
life-threatening, the prosecutor must still prove an intent to actually
cause death. Without proof of that specific intent, only a
charge of aggravated assault is justified by the evidence.
Choosing the Right Criminal Lawyer

Aggravated
assault and attempted murder are both serious
felony
charges that carry the potential for substantial prison terms and
financial penalties. If you are facing criminal charges in Utah,
whether at the felony or
misdemeanor
level, having the assistance of an experienced criminal
defense
attorney can be critical to obtaining the
results you need.
Contact us today to
arrange for a confidential consultation. See what the right attorney
can do for you.