Understanding Assault Charges in Utah

Facing an assault charge can be overwhelming, but at Stone River Law, PLLC, we’re here to help you through every step of the process. Our mission is to provide you with the information and support you need to feel confident and hopeful as we work together to resolve your case.…
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Facing an assault charge can be overwhelming, but at Stone River Law, PLLC, we’re here to help you through every step of the process. Our mission is to provide you with the information and support you need to feel confident and hopeful as we work together to resolve your case. Let’s break down the different types of assault cases and how we can assist you.

What is an Assault?

In Utah, assault involves causing or trying to cause bodily injury to someone, or doing something that puts another person at significant risk of injury. Assault charges can range from minor misdemeanor incidents to more serious felony offenses, depending on what happened and the level of injury, or potential injury, to the victim.

Types of Assault Charges

Utah law includes several classifications of assault charge. Some are misdemeanors; some are felonies. Following are some of the more common types.

Simple Assault

Simple assault is the most straightforward type of assault charge. It usually involves minor injuries or threats of violence. For example, pushing, shoving, or making threats that scare someone can lead to a simple assault charge. This is typically a misdemeanor but can still lead to fines, probation, or even jail time. You can find more details in Utah Code § 76-5-102.

Aggravated Assault

Aggravated assault is a more serious charge and often involves using a weapon or causing significant injury. This might include using a knife, a gun, or any other object that can cause serious harm. Aggravated assault is usually charged as a felony, which means more severe consequences like longer prison sentences and higher fines. For more information, see Utah Code § 76-5-103.

Assault with a Deadly Weapon

Assault with a deadly weapon, a form of aggravated assault, involves using or threatening to use a weapon capable of causing serious harm or death. This charge typically falls under aggravated assault, classified as a third-degree or second-degree felony, depending on the circumstances and the level of injury caused. For more information, see Utah Code § 76-5-103.

Domestic Violence Assault

Domestic violence assault happens when someone assaults a family member, someone they live with, or an intimate partner. These cases are taken very seriously because of the close relationship between the people involved. Convictions can lead to additional penalties, including protective orders, mandatory counseling, and losing the right to own or posses firearms. Domestic violence offenses are detailed in Utah Code § 77-36-1.

Sexual Assault

Sexual assault involves any non-consensual sexual contact or behavior, from unwanted touching to severe sexual violence. These charges are incredibly serious and can result in long prison sentences, registration as a sex offender, and lasting social stigma. The laws regarding sexual assault are outlined in Utah Code § 76-5-401 to § 76-5-406.

Serious Threats of Violence

Making serious threats of violence can also lead to assault charges. Even if no physical contact occurs, threatening someone with harm or violence can be considered assault under Utah law. This type of charge usually falls under simple assault but can escalate based on the nature and context of the threat.

Assault and Battery

Traditionally, assault was threatening to harm someone and battery was causing the actual harm. In Utah, battery falls under the same legal definition as assault, erasing the difference between assault and battery. These cases can vary widely in severity and are charged accordingly.

How We Can Help with Assault Charges in Utah

At Stone River Law, PLLC, we believe in hope and resilience. Our experienced legal team will provide you with a strong defense tailored to your unique situation. Here’s how we can help:

  • Personalized Consultation: We start by reviewing your case details to understand your specific circumstances and develop a strategic defense plan.
  • Expert Representation: Our attorneys have extensive experience with various assault cases. We’ll represent you with determination, whether negotiating a plea deal or fighting for your rights in court.
  • Support and Guidance: We’re here to support you through the legal process, answering your questions and helping you make informed decisions.
  • Rehabilitation and Recovery: We understand the importance of addressing any underlying issues that may have contributed to the situation. We can connect you with resources for counseling, anger management, or substance abuse treatment if needed.

Moving Forward with Confidence

Facing an assault charge is tough, but you don’t have to do it alone. At Stone River Law, PLLC, we’ll stand by your side, offering our expertise and unwavering support. Together, we can work toward a positive resolution and a brighter future.

If you or someone you know is dealing with an assault charge in Utah, contact us today for a consultation. Let us help you navigate this challenging time with hope and confidence.

Originally Published: July 26, 2024

How can we help you?

Call us at 801-448-7451, or use this contact form.

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