Utah Code Aggravated Assault - A defendant convicted of simple assault in Utah faces up to one year in prison and more than $2,000 in fines and fees. He will also have a criminal record, which can hinder financial opportunities and make it difficult to find a job. When your freedom and your future are at stake, you need tough, knowledgeable legal support on your side.
Utah defense attorney Darwin Overson has more than 16 years of legal experience handling thousands of criminal cases on behalf of adults and juveniles charged with assault and other violent crimes. Darwin has earned a reputation as a defender of the constitutional rights of Utahns facing serious criminal charges in Salt Lake, Washatch, Daviess, Weber, Summit and statewide counties.
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If you or someone you love has been accused of assault, call Darwin immediately at (801) 758-2287 to schedule a free legal consultation. Your information will be kept confidential. Darwin is open 24 hours a day and you can visit a lawyer's remand prison at short notice.
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There are two types of assault that a person can be charged with in Utah: simple assault, which is a misdemeanor, and aggravated assault, which is a felony. Simple assault and assault are not interchangeable terms. These are completely different crimes with different definitions and different criminal penalties.
Aggravated assault charges are filed when the defendant allegedly used a weapon or when the victim suffered serious bodily injury. By comparison, simple assault involves minor injuries, such as those a person might sustain in a fight. Utah Code §
Under this law, a person can be charged with simple assault if they cause or attempt to cause bodily harm. If the injury is deemed "serious," the penalty may be greater if the defendant is found guilty. Therefore, it is important to understand how Utah defines "bodily injury" versus "bodily injury," a distinction defined in Utah Code § 76-1-601:
If the accused uses a weapon or if the victim's injury is "serious" beyond physical harm, the accused may be charged with aggravated assault rather than simple assault.
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Simple assault is often a misdemeanor, not a crime. However, it can be classified as several different
Offenses depends on the circumstances of the alleged crime. Although usually charged as a Class B misdemeanor, simple assault can be a Class A misdemeanor with serious consequences if:
A Class A misdemeanor is the most serious misdemeanor that a person can be charged with in Utah. Everything big is a big sin. Criminal penalties for Class A misdemeanors in Utah may include:
Depending on the situation, it is possible to receive a suspended sentence instead of incarceration in a correctional facility. A person on probation, called a probationer, follows court orders and obeys a probation officer while living in the community. Violating probation can result in deportation.
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While fines and convictions for simple assault are serious consequences, they are not the only negative consequences of the charge. A misdemeanor conviction will also burden the defendant with a criminal record, which can be a heavy burden when looking for a job or even getting approved for certain types of loans.
When the results are so devastating, you need to do everything you can to protect your rights and fight the charges against you. Don't wait a day to seek the help of an experienced criminal defense lawyer. Call Overson Law at (801) 758-2287 to schedule a free, completely confidential initial consultation. Darwin is here 24 hours a day, including nights and weekends, to help you understand your next steps. Assault charges can carry serious penalties in Utah. If you have been charged or accused of assault, it is important to understand the laws and your defense options. Whether you are charged with a misdemeanor or a felony, you want an experienced and knowledgeable Utah defense team working for you. The attorneys at Brown, Bradshaw & Moffat are here to help.
In Utah, it is a felony for aggravated assault to commit any of the crimes listed above
The crime is usually classified as a Class B misdemeanor in Utah. However, charges can be upgraded to Class A misdemeanors. Below are some examples of Class A violent felonies:
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Aggravated assault crimes are usually charged as third degree felonies. However, if the assault resulted in serious bodily injury, it can be charged as a second degree felony.
A judge will determine the exact penalty for assault or aggravated assault. Below are the maximum penalties associated with the classification of crimes listed in the previous section.
If you or a loved one has been charged with assault or battery, the expert attorneys at Brown, Bradshaw & Moffat can help you determine the best defense for your case. Our defense team has tried tort cases for decades, and we will fight to protect your rights.
Contact us at (801) 532-5297 for a free consultation if you have questions about your tort allegations or if you are ready to discuss the best way to defend your case.
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Use the form above to request a free private case evaluation. Our office will contact you as soon as possible to arrange to discuss the facts of your case with an experienced defense attorney in Salt Lake City, Utah.
Note: By submitting the form above, you are requesting a free, private consultation with one of our attorneys to discuss the specific facts of your case. We will evaluate your unique situation and provide valuable information on how an attorney can help you. Please do not provide any sensitive or confidential information using this online contact form. If your situation is urgent, please call us at (801) 532-5297. We look forward to hearing from you. A person can be charged with involuntary manslaughter in Utah if they cause the death of another person by assaulting them causing the death. Assault Homicide is a specific charge that ranges from murder, manslaughter, aggravated murder, simple assault, or aggravated assault. To convict the accused beyond a reasonable doubt, the prosecution must prove that the attack was premeditated with force or unlawful violence.
If a member of your family has been arrested for murder by assault in Utah, it is extremely important that you begin exploring your legal options immediately with an experienced criminal defense attorney in Utah. The penalty for an assault homicide conviction can include years in prison and thousands of dollars in criminal fines, as well as creating a permanent criminal record.
Criminal defense attorney Darwin Overson has more than 16 years of experience representing adults and juveniles charged with manslaughter and other serious violent crimes. During his many years practicing criminal law in Utah, Darwin earned a reputation as a fierce and aggressive opponent in the courtroom, passionately defending the Constitution and protecting the liberties of defendants.
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While Overson Law's law offices are located in Salt Lake City, Darwin handles cases throughout the Salt Lake City area, including Draper, Midvale, Murray, Riverton, Sandy, South Jordan, Taylorsville and West Valley City . He also prosecutes criminal cases in Summit County, Wasatch County, Rich County, Cache County, Morgan County, Weber County, Daviess County and counties throughout Utah.
Facing a serious criminal charge is never easy, but once you do, your best bet is to fight the charges against you. Call Darwin immediately at (801) 758-2287 for a free legal consultation. Darwin will keep your information confidential.
Being arrested is not the same as being charged with a crime. After police apprehend a suspect and take him into custody, prosecutors have 72 hours to file formal charges. If the prosecutor refuses to press charges within this period, the person must be released. Unfortunately, prosecutors are increasingly receiving long-term adjournments of a week or more, dramatically increasing the amount of time a suspect can be held in custody. These time extensions are illegal and Darwin will always resist.
Most criminal suspects are eligible to be released from jail in exchange for a payment called bail. In some cases, you can get a free bond form called a Release on Bail (OR or ROR) that costs nothing at all. However, not everyone is eligible for ROR. To be eligible for ROR, an individual must not be considered a "flight risk" (at risk of fleeing from law enforcement) or pose a threat to public safety.
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If your loved one is not eligible for ROR and bail is too expensive, you can:
Each county jail and correctional facility has its own rules regarding how, where and when to post bail. You can usually find detailed rules at
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