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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.


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  • Selected Victories
  • Criminal Defense Trial AttorneyNot Guilty - Client was charged with aggravated assault for allegedly pointing handgun at and threatening another driver during a road rage incident. Defense investigation and analysis, combined with effective cross-examination at trial indicated the alleged victim was the initial aggressor and suported client's self-defense claim. Jury acquitted client at trial.
  • Criminal Appeals Defense AttorneyDismissed on Appeal - DUI case was dismissed after a successful appeal where the Utah Court of Appeals reversed the trial court's denial of the defense motion to suppress. Without the suppressed evidence, the prosecutor acknowledged that they did not have sufficient evidence to proceed to trial and the case was dismissed.
  • Utah Expungement Attorney Salt Lake Davis Expunged - Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court's decision to grant the requested expungement.
  • Utah Burglary Attorney Not Guilty - Client was charged with residential felony burglary and theft charges. Effective cross-examination of alleged victim at preliminary hearing resulted in an admission by the alleged victim that the charges were based on a false report to police, made for the purpose of getting revenge against the defendant. Case was dismissed outright.
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Serving Salt Lake, Davis, Weber, Utah, Cache, Tooele, Summit, Box Elder, and Wasatch Counties, and all of Utah.

Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and Stephen W. Howard, PC.

Offices in Salt Lake and Davis Counties
560 South 300 East, Suite 200, Salt Lake City, UT 84111
952 S. Main St., Suite A, Layton, UT 84041

Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.

In Salt Lake City, call 801-449-1409.
In Davis County, call 801-923-4345.

Stephen W. Howard, PC

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