The decision highlights how one word can change the outcome of a criminal case.
Facts of the Case
Seventeen-year-old Elijah McDonald went with his mother to confront his runaway brother at a Salt Lake City home. A heated argument broke out in front of the house. During the chaos, an adult man named Stan—about 5’7″ and more than 200 pounds—stepped in to calm things down.
McDonald, who was 5’3″ and about 125 pounds, threw a single punch that broke Stan’s jaw. The State charged McDonald with aggravated assault, claiming his punch used force “likely to produce death or serious bodily injury.”
A jury convicted McDonald. He appealed.
Issue on Appeal
The mistake didn’t go unnoticed. During deliberations, jurors sent a note to the judge asking, “How much weight do we put on the word likely?”
That question showed exactly what went wrong. The defense lawyer’s argument had left the jury uncertain about a key part of the law. The trial judge’s response didn’t clear it up, and twenty minutes later, the jury returned a guilty verdict.
The appeals court found that the error mattered. Given the size difference between McDonald and Stan, and the fact that the case turned on how “likely” the injury was, the jury might have reached a different result if they had understood the term correctly.
The Court’s Decision
Judge John D. Luthy, writing for a unanimous panel, ruled that McDonald’s lawyer performed deficiently and that the mistake prejudiced the defense.
“To say that ‘likely’ has a range of meaning that includes a probability as low as 50.1% is a misstatement of the law,” the court wrote.
Because of that error, the Utah Court of Appeals vacated the conviction and sent the case back for further proceedings.
Why This Case Matters
This case is a strong reminder that precise language matters in criminal trials. A single misstatement can change how jurors interpret the law—and whether they find someone guilty or not.
Effective criminal defense requires not only strong advocacy but also accuracy. When an attorney’s error confuses the jury about a key legal term, a conviction may not stand.
For defendants facing assault charges in Utah, this case reinforces the importance of having experienced counsel who understands both the law and how juries interpret it.