Aggravated assault in Utah is a more serious crime than simple assault, and a conviction for this crime can result in more severe sentencing outcomes as well.
What is aggravated assault?
Utah Criminal Code section 76-5-103 states that a person commits aggravated assault when they threaten, attempt, or commit an act with unlawful force or violence, that causes bodily injury to another person, and the act includes any of the following factors:
- the use of a dangerous weapon or motor vehicle,
- intentionally impeding the breathing, or circulation of blood of another person,
- or any other means of force likely to produce death or serious bodily injury.
The Utah Criminal Code defines serious bodily injury as bodily injury “that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.”
The seriousness of an injury is a major factor in determining whether charges will be upgraded from simple to aggravated assault. Using a weapon like a gun, a knife, a club, or even a vehicle during an assault could influence criminal charges to reach this level.
What are the penalties for aggravated assault?
Aggravated assault in Utah is generally charged as a third-degree felony. However, if an aggravated assault actually results in serious bodily injury or causes a person to become unconscious, charges may be elevated to a second-degree felony. Additionally, if an aggravated assault is directed towards a police officer and causes them serious bodily injury, charges may be raised to a first-degree felony.
Any level of felony conviction is serious, and can result in costly monetary fines and a lengthy prison sentence. A felony conviction can also lead to the loss of various rights and privileges, including the ability to own a gun. When facing charges for aggravated assault it is critical that you have the right attorney to represent you, ensuring that the best possible outcome is reached. The right criminal defense attorney can determine the right defense to use against charges of aggravated assault, such as self-defense, defense of others, or insufficient evidence that an aggravated assault occurred.