Layton, Utah Assault Defense Lawyers
Assault and aggravated assault charges are serious and could result in substantial jail and or prison time if convicted. To achieve the best results on your case, you need an experienced Utah criminal defense team on your side. Canyons Law Group’s criminal defense team has represented thousands of clients. They have the experience, skill, and determination to achieve real results for each of their clients. Contact us today to schedule your initial consultation and case analysis.
Elements of a Utah Assault Charge
A “simple” assault or sometimes referred to as “battery,” is a misdemeanor under Utah code. An assault charge in Utah begins as a class B misdemeanor punishable by up to 180 days in jail. If there is evidence of “substantial” bodily injury to the other person or if the other person is pregnant and the accused knows that the person is pregnant, the charge can be enhanced to a class A misdemeanor.
Utah statutes define “assault” as (a) an attempt, with unlawful force or violence, to do bodily injury to another; (b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or (c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another. (Utah Code Ann. 76-5-102). Utah Statues define “Substantial bodily injury” as an injury that causes or creates protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ. (Utah Code Ann. 76-1-601.)
Suppose the assault involves using or threatening a weapon or a “serious” bodily injury. In that case, it can be filed as a felony aggravated assault. Penalties for a Utah aggravated assault conviction are substantially higher and can include prison time.
Self Defense in Utah Assault Cases
You may be found not guilty of an assault, even if you committed the alleged acts. Under Utah criminal law, the use of force can be justified under some circumstances if done in self-defense, in defense of your home, or protection of your property.
The application of Utah’s self-defense laws is not always straightforward. The self-defense statute allows for the use of “reasonable” force in defending yourself against the use or threatened use of force by another. Suppose you believe that one of these defenses may apply to your case. In that case, you should contact an experienced criminal attorney as soon as possible to determine how self-defense may play a role in your criminal case.
Finding an Experienced Criminal Attorney in Utah
If facing charges of assault or other criminal charges in Utah, it is critical to have an experienced criminal defense attorney on your side. The Canyons Law Group’s defense team has protected their clients’ rights in thousands of serious felony and misdemeanor cases, including homicide, aggravated assault, domestic violence, and more. Contact us now to schedule an initial consultation.
Aggravated Assault Defense Attorney - Utah Criminal Defense Lawyer
An aggravated assault conviction can leave you labeled a convicted felon and result in substantial prison time. If facing prosecution for aggravated assault, you need an experienced criminal lawyer on your side. The criminal defense team of attorneys Adam Elmore, Andrew McAdams, Bradley Henderson, and Stephen Howard have a proven record of achieving real results for their clients. They have successfully protected their clients’ rights in thousands of severe criminal cases, ranging from domestic violence to homicide. Contact us today to schedule your initial consultation.
Utah Aggravated Assault Charge - Elements
In Utah, an aggravated assault charge consists of a simple assault charge plus an aggravating factor. Aggravating factors include using a dangerous weapon or using “other means or force likely to cause death or serious bodily injury.” (Utah Code Ann. 76-5-103.). The charge can also be supported by evidence that the assault resulted in a “serious” bodily injury. These factors can turn a misdemeanor assault charge into a felony aggravated assault.
The term “serious” bodily injury is defined explicitly by Utah’s law as meaning any 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.”
(A “substantial” bodily injury is less serious than a “serious” injury and is defined as including any “bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.” An assault that results in a “substantial” bodily injury can result in a simple assault charge enhanced to the class A misdemeanor level.)
Penalties for an Aggravated Assault Conviction in Utah
A Utah aggravated assault charge begins at a third-degree felony level, punishable by up to 5 years in prison. Suppose aggravated assault involves a weapon or a “substantial” bodily injury. In that case, it can be charged as a third-degree felony. In cases where a “serious” injury occurs as a result of the assault, then the charge can be increased to a second-degree felony which can be punishable by up to 15 years in prison. An aggravated assault conviction is also considered a “violent felony.” Without a 402 reduction, a violent felony is an offense that cannot be expunged from your criminal record.
Self-Defense in a Utah Aggravated Assault Case
As an affirmative defense, self-defense serves as a “complete defense” to a charge of aggravated assault. Even if you committed the alleged acts, a “complete defense” means you may not be guilty of any crime. Applying Utah’s self-defense statute to your case can involve a complicated analysis. An experienced criminal defense team can evaluate your case and help you determine whether a self-defense claim might be the best approach to defending your case.
Other Related Criminal Charges in Utah
Another less serious charge related to aggravated assault is “threatening or using a dangerous weapon in a fight or quarrel” – sometimes referred to as a “brandishing.” However, the differences between an aggravated assault and a “threatening” charge are at times subtle. Your defense attorney may be able to convince the prosecutor that the case has been overcharged and that the misdemeanor charge is more appropriate.
Another related criminal charge is possession of a weapon with the intent to commit an assault. The prosecutor is not required to prove that an assault was committed or that any threats were made but that the person had the actual intent to commit an assault.
Finding an Experienced Utah Criminal Defense Lawyer
If facing aggravated assault charges or other crimes in Utah, you should contact an experienced Utah criminal defense team as soon as possible. The defense team at Canyons Law Group has successfully protected their clients’ rights in cases including homicide, aggravated assault, aggravated burglary, aggravated robbery, and many more. Contact us now to schedule an initial consultation on your case.
Possession of Dangerous Weapon with the Intent to Assault
The simple possession of a weapon, even without an assault, but “with the intent to unlawfully assault another,” can result in up to a year in jail and thousands of dollars in fines. As an experienced Utah criminal defense team, the attorneys at Canyons Law Group represent clients charged with assault, weapons violations, and other criminal charges throughout the state. With a successful track record that speaks for itself, they have successfully represented thousands of clients.
Elements - Criminal Charge for Weapons Possession with Intent to Assault
Utah criminal code states that a person is guilty of “possession of a deadly weapon with the intent to assault” if that individual has “upon his person any dangerous weapon with intent to unlawfully assault another.”
Regarding a criminal conviction of Possession with Intent to Assault, the prosecutor does not have to prove that an assault actually occurred. They are only required to show proof of an “intent” to commit an assault. If an actual assault occurs using or threatening a dangerous weapon, then the offense can be charged as a felony aggravated assault.
The charge mentioned above does not require any evidence that the weapon was concealed. However, an additional criminal charge for carrying a concealed weapon is affixed if the weapon was concealed. A concealed weapons violation does not require any proof of intent to commit an assault. If a person does not have a concealed weapons permit, then the mere evidence that the weapon was concealed can be sufficient to endorse criminal charges.
When a person is considered a “restricted” person under Utah law (a person not permitted to carry a weapon because of a past felony conviction, or status as a drug user, etc.), an additional charge for possession of a firearm by a restricted person can be added to either a charge of possessing a weapon with the intent to commit an assault or a concealed weapon violation.
Conviction in Utah - Consequences
Possession of a dangerous weapon with intent to commit an assault is generally filed at the class A misdemeanor level, which is punishable by up to one year in jail plus fines and a surcharge totaling almost $5,000. Depending on the type of weapon involved, charges for carrying a concealed weapon can range from the class B misdemeanor level to the second-degree felony level.
Choosing the Right Criminal Defense Attorney in Utah
Winning the best results for your criminal case is more likely with the right criminal defense attorney. When choosing the right attorney for your case, you should consider several factors, including the attorney’s experience, a record of results, willingness to communicate with clients, etc.
Canyons Law Group’s criminal defense team offers legal services to clients throughout Utah. If facing criminal charges involving weapons or other allegations of threats or violence, you need an experienced criminal defense team on your side. Contact us now to schedule an initial consultation.
District Courts Served: Third District Court: Salt Lake County, Tooele County, Summit County, West Jordan; Second District Court: Davis County, Morgan County, Weber County, Farmington, Layton, Ogden; Fifth District Court: Beaver County, Iron County, Washington County, St. George, Cedar City; Fourth District Court: Juab County, Millard County, Utah County, Wasatch County, Heber, Provo, American Fork, Spanish Fork. Eighth District Court: Daggett County, Duchesne County, Uintah County; Sixth District Court: Garfield County, Kane County, Grand County; First District Court: Box Elder County, Cache County, Brigham City, Logan. Seventh District Court: San Juan.
Justice Courts Served: Davis County, Sunset, Clearfield, Centerville, Clinton, North Salt Lake, South Weber, Syracuse, Woods Cross, Morgan County, Summit County, Salt Lake City, Salt Lake County, Farr West, Harrisville, North Ogden, Ogden Justice, Riverdale, Roy, South Ogden, Uintah, Herriman, Holladay, Heber, Wasatch County, Midvale, Murray, Riverton, Sandy, South Jordan, South Salt Lake, West Jordan, West Valley, Iron County, Beaver County, Milford, Fillmore City, Kane County, Big Water, Hurricane, Washington City, Washington County.
Team-Driven Defense Strategy
The criminal defense team at Canyons Law Group include former prosecutors and seasoned defense attorneys who have defended or prosecuted the most serious crimes on the books in Utah. Aggravated felony charges including homicide, robbery, kidnapping, and more are among the many cases our attorneys have successfully defended. Our criminal attorneys also have extensive experience in the Utah district court and justice court systems and have also worked in federal and military courts.
Experience & Knowledge
Our criminal defense team has the experience, knowledge, and determination to handle the most serious charges you may face. But even lower-level criminal charges in Utah can have serious consequences. A single misdemeanor conviction can cause you to lose your job, lose your driver license, or lose your right to carry or use a firearm, A criminal conviction can make it more difficult to rent an apartment or obtain a mortgage loan. A criminal charge can affect your education and student financial aid. And the effects of conviction can last long after you may have completed probation or otherwise satisfied any obligations to the court.
When you hire a criminal defense attorney from the Canyons Law Group, you get more than just an attorney. You get the combined experience of our whole legal team. Our attorneys take pride in working closely with each client, taking the time to understand each client’s needs and goals for the case, and developing a strategy intended to achieve the best result possible for each client. We also employ a team approach, assigning attorneys who may have experience on a particular type of case or issue who can provide advice or assistance in specialized areas.We often collaborate with investigators and other professionals as needed to work toward the best result possible.
No matter what kind of criminal charge you are facing and no matter what level the offense may be, it can be critical to have the best advice from an experienced criminal defense attorney before you talk to police, before you go to court, and before you make any decisions or take action on the case. The criminal defense team at the Canyons Law Group is here to help.
Contact Your Utah Criminal Defense Team
Each criminal defense case in Utah is unique, not just because the facts of each case may be different but also because each defense client has a unique set of circumstances, needs, and goals. We conduct a full legal analysis of your case and take the time needed to understand what you need from the case. We then work together with you and as a complete criminal defense team to create a strategy intended to best accomplish your goals.
Make sure that your rights are protected. Learn more about our criminal defense team online, or contact the Canyons Law Group today to see what the right criminal defense attorney and the right legal team can do for you.