Criminal Defense Attorney - Utah Assault Defense Lawyer

Assault and aggravated assault are serious charges that can result in substantial jail and or prison time if you are convicted. To give yourself the best chance of achieving the results you need, you should have an experienced Utah criminal defense attorney on your side. Based in Salt Lake City, Stephen Howard has represented thousands of clients during his career, and has the experience, skill, and determination to achieve real results for his clients. Contact us today to schedule an initial consultation.

Elements of a Utah Assault Charge

A "simple" assault (sometimes called "battery") charge in Utah is a misdemeanor. A Utah assault charge begins as a class B misdemeanor (punishable by up to 180 days in jail). However, it can be enhanced to a class A misdemeanor if the assault results in "substantial" bodily injury to another person, or if the other person is pregnant and the suspect knows the person is pregnant.

"Assault" is defined under Utah statutes as: (a) )an attempt, with unlawful force or violence, to do bodily injury to another; (b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another. (Utah Code Ann. 76-5-102.) "Substantial bodily injury" is defined under Utah statute as an injury that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.  (Utah Code Ann. 76-1-601.)

If the assault involves the use or threatened use of a weapon or involves a "serious" bodily injury then it can be filed as a felony aggravated assault. Penalties for a Utah aggravated assault conviction are substantially higher and can include prison time.

Self Defense in Utah Assault Cases

You may be found not guilty of an assault, even if you committed the acts that are alleged. Under Utah criminal law, the use of force can be justified under some circumstances if it is done in self defense, defense of your home, or in defense of your property.

Application of Utah's self defense laws is not always straightforward. The self defense statute allows for the use of "reasonable" force in defending yourself against the use or threatened use of force by another. If you believe that one of these defense may apply to your case, you should contact an experienced criminal attorney as soon as possible to determine how self defense may play a role in your criminal case.

Finding an Experienced Criminal Attorney in Salt Lake

If you are facing charges for assault or other criminal charges in Utah, it is critical to have an experienced criminal defense attorney on your side. Stephen Howard has protected his clients' rights in thousands of serious felony and misdemeanor cases, including homicide, aggravated assault, domestic violence, and more.
Salt Lake criminal defense attorney Mr. Howard has a record of getting real results for his clients.  Contact us now to schedule an initial consultation.