Assault with a Deadly Weapon in Utah

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…
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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

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