Possession of Dangerous Weapon with Intent to
Assault - Utah Attorney
Simply possessing a 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. Stephen Howard
is an
experienced
Utah criminal defense
lawyer who represents clients charged
with weapons violations,
assault,
and other criminal charges throughout
the state. Based in Salt Lake City, he has successfully
represented thousands of clients over the years. His
track
record
speaks for itself.
Elements of a Criminal Charge for Weapons Possession with the
Intent to Assault
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."
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 any 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.
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 Criminal Defense Lawyer in Salt Lake City,
Utah
Achieving the best results in your criminal case is more likely when
you choose the right
criminal defense lawyer.
There is probably no single "best" criminal defense lawyer in Utah. You
should consider a number of factors in choosing the right attorney for
your case, including the attorney's experience, record of results,
willingness to communicate with clients, etc.
Based in
Salt
Lake City, criminal defense lawyer Stephen Howard offers
legal services to clients throughout Utah. If you are facing
criminal charges involving weapons or other allegations of threats or
violence, you need an
experienced criminal
defense lawyer on your
side.
Contact us
now to schedule an initial
consultation.