Assault with a Deadly Weapon in Utah

Posted by Stone River Criminal Defense Team

Last Updated: August 15, 2024

The phrase, “assault with a deadly weapon” is not specifically mentioned in Utah’s criminal code, or when charges are brought against someone. However, if a deadly or dangerous weapon is used during an assault it can result in more serious felony aggravated assault charges. What is assault with a deadly weapon? Utah Criminal Code section […]
attorney meeting with client at desk

The phrase, “assault with a deadly weapon” is not specifically mentioned in Utah’s criminal code, or when charges are brought against someone. However, if a deadly or dangerous weapon is used during an assault it can result in more serious felony aggravated assault charges.

What is assault with a deadly weapon?

Utah Criminal Code section 76-5-103 states that when a person uses a dangerous weapon to threaten, attempt, or commit an act with unlawful force or violence that causes bodily injury to another person, this act qualifies as aggravated assault.

A deadly or dangerous weapon would include guns and knives, but could also extend to the use of other items, such as:

  • Hand tools (hammers, wrenches, etc.)
  • Golf clubs or a baseball bat
  • Broken bottles
  • Swords
  • Axes
  • Brass knuckles

Whether an item is classified as a deadly or dangerous weapon may depend on the context it is used in. This could include the degree of force used with the weapon, whether self-defense or defending others was a factor, or if the weapon and assault inflicted serious bodily injury on the victim.

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.”

What are the penalties for assault with a deadly weapon?

An assault with a deadly weapon that is charged as aggravated assault can be very serious. 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 using a deadly weapon during an aggravated assault it is critical that you have the right attorney to represent you, ensuring that the best possible outcome is reached. A skilled attorney will identify the most effective defense strategy for your case, whether it’s asserting self-defense, defense of others, or challenging the evidence regarding the use of a deadly weapon or the occurrence of an assault.

Originally Published: August 14, 2024

Related Articles

How Criminal Defense is like Horseback Riding
Attorney Brad Henderson, a passionate horseman, combines his love for riding with his legal expertise in this insightful article. Just like he trains...
September 13, 2024
Can You Use Medical Marijuana While on Probation in Utah?
In Utah, medical marijuana is legal, but using it while on probation requires careful compliance with state laws. Avoid violations by understanding...
September 11, 2024
What to Do During a Traffic Stop
Knowing your rights during a traffic stop is crucial. Recent incidents in the news have raised questions about what’s expected from drivers. Here's...
September 11, 2024

Ready to explore our other articles?