Assault

Assault is one of the most common criminal charges in Utah. There are two types of assault charges in Utah: assault and aggravated assault. The differences between assault and aggravated assault are what a prosecutor must prove to find you guilty and the penalties a judge may sentence you to if you are found guilty. Generally, assault is a misdemeanor and aggravated assault is a felony.

Because of the violent nature of the offense, prosecutors and judges take assault cases very seriously. If you have been charged with assault or aggravated assault, it is strongly recommended that you seek a criminal defense attorney to help you navigate the legal process.

Misdemeanor Assault in Utah

If you are charged with assault in Utah, the prosecutor must prove that you either committed an act, with unlawful force or violence, that caused bodily injury to another or you attempted to commit an act, with unlawful force or violence, that would have caused bodily injury to another.

Assault is a Class A Misdemeanor if you actually caused substantial bodily injury to another. Assault is also a Class A Misdemeanor if the victim was pregnant and you knew the victim was pregnant when the assault occurred. If the assault did not cause substantial bodily injury, then it is a Class B Misdemeanor.

If you are found guilty of a Class A Misdemeanor in Utah, the judge may sentence you to up to 1 year in jail and up to $2,500 in fines. If you are found guilty of a Class B Misdemeanor, the judge may sentence you to up to 6 months in jail and up to $1000 in fines.

Aggravated Assault in Utah

Aggravated assault is more serious than misdemeanor assault and requires that the prosecutor prove more to convict you. First, the prosecutor must prove that you either committed an act, with unlawful force or violence, that caused bodily injury to another, or you attempted to commit an act, with unlawful force or violence, that would have caused bodily injury to another. Second, the prosecutor must prove you committed this assault using a dangerous weapon or with other means or force likely to produce death or serious bodily injury.

Aggravated assault is a 2nd Degree Felony if the assault actually caused serious bodily injury. Otherwise, aggravated assault is a 3rd Degree Felony.

If you are found guilty of a 2nd Degree Felony in Utah, the judge may sentence you to a minimum of one year in prison to a maximum of 15 years and up to $10,000 in fines. If you are found guilty of a 3rd Degree Felony in Utah, the judge may sentence you up to five years in prison and up to $5,000 in fines.