Assault And Battery Defense Attorney Salt Lake City

If you are charged with assault, take these charges seriously. Depending on the severity of the charges and circumstances surrounding the case you could face hefty fines and/or time in prison. Contact Jardine Law Offices P.C. today in Salt Lake City. In our offices, you will find serious litigators who have extensive experience in assault and battery defense.

Facing Assault Charges? Contact us today at (801) 396-9993 to speak with an experienced attorney and protect your future.

WHAT IS ASSAULT?

Under Utah law, assault is defined as An attempt, with unlawful force or violence, to do bodily injury to another, or an act committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

Possible assault charges:

Simple Assault

• This is a class B misdemeanor
• Minor injuries to the victim
• No weapon used

Aggravated Assault

• This is a felony
• A weapon was used
• Committed with the intent to commit a more serious crime such as rape
• Committed against someone in a protected class (an elderly person or child)

Sexual Assault

• A Felony
• Referring to “any act of sexual nature perpetrated on a person without his or her consent.”
• Considered a violent crime

Assault With a Deadly Weapon

• A felony regardless of the type of weapon used to commit the act
• Defined as “physical assault or violence committed by using, or attempting to use, a weapon or object that is capable of causing serious injury or death.”

The penalties for assault vary greatly depending on what type of assault is committed and the charges against you. These charges range from a Class B Misdemeanor to a 3rd Degree Felony. You could also face civil liability for any emotional or physical distress caused and be forced to pay damages.

Possible Penalties:

• Third Degree Assault: Up to five years in prison and up to a $5,000 fine
• Second Degree Assault: One to fifteen years in prison and up to a $10,000 fine
• Class A Misdemeanor: Up to one year in jail and up to a $2,500 fine
• Class B Misdemeanor: Up to six months in jail and up to a $1,000 fine

The penalties of assault charges can have a severe impact on your future. If convicted of a felonious assault, not only can you face time in prison, but a felony stays on your permanent criminal record and could make it difficult for you to find employment, pass background checks, or even get a loan.

Types of Assault Charges in Utah

In Utah, assault charges can vary depending on the severity of the incident and the circumstances. Here are the most common types of assault charges:

• Simple Assault: This is typically a misdemeanor charge. It involves a minor injury or the threat of harm without the use of a weapon. Simple assault cases may include pushing, shoving, or hitting someone during an argument.
• Aggravated Assault: Aggravated assault is a more serious charge, usually a felony. It involves the use of a weapon or an assault that causes severe injury or involves the intent to commit another crime (e.g., robbery or sexual assault). For example, using a gun or knife to threaten or injure someone would lead to aggravated assault charges.
• Domestic Assault: This charge is specific to cases involving family members or individuals in a domestic relationship. Domestic assault charges can be escalated depending on the level of violence and if the alleged victim is considered a protected person (e.g., spouse, partner, or child). The penalties for domestic assault can be more severe, as the law takes family violence very seriously.
• Sexual Assault: This is a felony offense where a person engages in sexual acts without consent. Sexual assault is considered a violent crime and typically carries heavy penalties, including long-term imprisonment.
• Battery: Battery is a separate but related charge. It involves the actual physical contact and harm to the victim. While assault is the threat or attempt to harm, battery is the act of causing harm. For example, hitting someone during a fight could lead to battery charges.

Legal Defenses to Assault Charges

If you're facing assault charges, there are several defenses your attorney may use to challenge the case:

• Self-defense: You may argue that you were protecting yourself from immediate harm. If you reasonably believed that you were in danger, you may be able to claim self-defense.
• Defense of others: If you were defending someone else from an attack, you can use this as a legal defense. The law allows you to protect others from harm in certain situations.
• Lack of intent: In some cases, the act may have been accidental or unintentional. For example, a bump or push that causes injury without the intent to harm can be argued as a lack of intent.
• False accusations: Assault charges are sometimes based on false or mistaken allegations. Your attorney may investigate the case to prove that the charges are inaccurate or fabricated.

The Importance of Hiring a Criminal Defense Attorney

If you’re facing assault charges, it’s crucial to have an experienced criminal defense attorney by your side. Here’s why:

• Experienced representation: An attorney will help guide you through the complex legal process, ensuring your rights are protected at every stage.
• Investigation: A lawyer can investigate the facts of the case, review evidence, interview witnesses, and uncover details that may help your defense.
• Plea deals: Skilled attorneys can negotiate with prosecutors to reduce the charges or penalties, potentially saving you from severe consequences, such as jail time.

Having an attorney who understands Utah’s assault laws can significantly impact the outcome of your case, helping you to achieve the best possible result.

FAQ About Assault Charges in Utah

• What is the difference between assault and battery in Utah? Assault involves the threat or attempt to cause harm to another person, while battery refers to actual physical contact that results in harm. In simple terms, assault is the threat, and battery is the physical act.
• Can I be charged with assault if I didn’t physically hurt anyone? Yes, you can still be charged with assault if you attempted to harm someone or created a substantial risk of injury. Even if no physical injury occurred, the intent or action to harm can lead to charges.
• What happens if I’m convicted of aggravated assault in Utah? Aggravated assault is a felony charge and can result in significant penalties, including prison time (1 to 15 years) and fines up to $10,000. The exact punishment depends on factors such as the severity of the injury, the use of a weapon, or if the assault occurred during the commission of another crime.
• Can I fight assault charges if I acted in self-defense? Yes, self-defense is a valid defense against assault charges in Utah. If you can prove that you reasonably believed you were in imminent danger and needed to protect yourself, the court may dismiss the charges or reduce the severity.
• Are domestic assault charges more serious than regular assault charges? Yes, domestic assault charges carry more severe penalties in Utah. Assault involving family members or individuals in a domestic relationship is treated more seriously, and the penalties may include additional restrictions, such as mandatory counseling or a protective order.
• How can an attorney help with my assault case? An experienced criminal defense attorney can investigate the incident, review evidence, negotiate with prosecutors, and develop a defense strategy to help reduce or dismiss charges. They will guide you through every step of the legal process and ensure that your rights are protected.
• Will a conviction for assault affect my future employment opportunities? Yes, a conviction for assault, especially a felony, can make it difficult to secure employment, as many employers conduct background checks. It may also affect your ability to obtain loans, housing, or professional licenses, which is why it’s important to fight the charges with skilled legal help.

Need Legal Defense for Assault? Contact us now at (801) 396-9993 for a consultation and ensure your rights are defended.