Charged with Assault in Utah?

Charged with Assault in Utah?

Cedar City and St. George, Utah, Criminal Defense Attorneys Serving Southern Utah

Definitions of Assault

Assault: The threat or attempt to strike another, whether successful or not, provided the target is aware of the danger. The assaulter must be reasonably capable of carrying through the attack. In some states if the assault is with a deadly weapon, the intended victim does not need to know of the peril. Other state laws distinguish between different degrees (first or second) of assault depending on whether there is actual hitting, injury or just a threat. Includes the act of putting another person in reasonable fear or apprehension of an immediate battery by means of an act amounting to an attempt or threat to commit a battery.

Read the Utah Criminal Code definition of assault.

Battery: The actual intentional striking of someone, with intent to harm, or in a "rude and insolent manner" even if the injury is slight. Negligent or careless unintentional contact is not battery no matter how great the harm.

Assault and Battery: Assault performed in conjunction with an actual battery.

Aggravated Assault: the crime of physically attacking another person, which results in serious bodily harm and/or is made with a deadly or dangerous weapon. Aggravated assault is usually a felony punishable by a term in state prison.

Assault with a Deadly Weapon: An aggravated assault in which the defendant, controlling a deadly weapon, threatens the victim with death or serious bodily injury.

Sexual Assault: Sexual intercourse with another person without that person's consent (rape); offensive sexual contact with another person, exclusive of rape.

Assault with Intent: Any assault that is carried out with an additional criminal purpose in mind.

Assault and Battery are classified as Violent Crimes.

Other types of Violent Crimes include: Mayhem, Domestic Violence, Murder, Vehicular Manslaughter, Kidnapping, Arson, Terrorist Threats, Child Abuse and Sexual Child Abuse, Carjacking, Hit & Run.

Consequences of a Conviction of Assault and Battery in Utah

Consequences for the conviction of Assault and Battery may potentially include:

  • Imprisonment
  • Probation or parole
  • Anger management class
  • Significant fines
  • Loss of the right to own a deadly weapon
  • Other

Determining Punishment for Assault and Battery in Utah

Likelihood of any of the above consequences depends upon the following factors:

  • Prior similar convictions
  • Any other prior convictions
  • Currently on probation or parole
  • Attitude of community and court toward this type of crime
  • Degree of media attention on case
  • Mitigating/aggravating circumstances
  • Other

Defenses to Utah Assault and Battery Charges

Defenses for Assault and Battery may potentially include:

  • Defense of others (loved ones)
  • Insufficient evidence
  • Factual innocence
  • Self defense
  • Defense of property
  • Other

Consult with an Experienced Southern Utah Defense Attorney

The criminal defense attorneys of Douglas D. Terry & Associates assist with all aspects of defending Utah assault and battery charges, from negotiating with the local prosecutor to representing you at trial or arguing for the best possible sentencing conditions. We are the longest serving criminal defense law firm in St. George, Utah, and also have offices in Cedar City. We work with clients throughout southern Utah in communities including Richfield, Panguitch, Kanab, Beaver and Fillmore.

Learn more about how our defense attorneys can help you. Call (435) 628-4411 or contact us online today for a free consultation.