In Utah, assault is defined as an attempt to cause bodily injury to another, or to actually commit, with unlawful force or violence, an injury to another person with the use of unlawful force or violence.
Are There Different Levels Or Classifications Of Assault And Battery?
Yes. There is standard simple assault, which is typically a class B misdemeanor. If there is substantial bodily injury to the other party, or if the victim was pregnant and the defendant should have known that the victim was pregnant, that is a class A misdemeanor. If the crime results in serious injuries, it can become a felony. If there is any allegation that the assault included any restricting of breathing of the alleged victim, it will also be a felony.
How Does The Degree Of Injury An Alleged Victim Suffers Affect The Assault Charge?
The more significant the injuries, the more serious the charges.
What Are The Penalties For Assault And Battery Convictions In The State Of Utah?
There is a wide range of penalties for assault and battery convictions in Utah. Penalties can include jail time, Domestic Violence Assessments (an expert will examine all case details and determine the defendant’s consequences, which can include counseling, anger management classes, or more). Fines are also a common consequence, as are probation periods.
If there is any doubt that substance abuse might be associated with the assault, then the defendant must do a substance abuse assessment, which usually requires that you follow through with whatever treatment is recommended at those assessments.
Does A Victim Have To Actually Show Or Have Physical Injury For An Assault Charge Or Battery Charge To Be Made?
No, there is absolutely no requirement of physical injury. In fact, an assault can just be an attempt to do something.
What Possible Defenses Are Used In Assault And Battery Cases? Can These Cases Be Dropped To A Lesser Offense?
Self-defense is a very common defense to assault and battery cases. The biggest question is usually who was the primary aggressor, and who started the fight. If the court determines that you were defending yourself, they will not convict you of an assault charge. This can be achieved by discrediting the alleged victim by pointing out inconsistencies in their stories.
When these charges are reduced, they are often reduced to disorderly conduct charges, which are a type C misdemeanor, instead of a type B. Depending on the criminal history of the defendant, they may be offered a Plea in Abeyance, where a conviction does not go on your record, but you have a probation period of approximately 12 months. At the end of the abeyance period, if you haven’t gotten in trouble, and you’ve completed all the other terms, they dismiss the entire case. So, there certainly are some really good options for reducing charges or even getting them dismissed.
For more information on Assault And Battery In Utah, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 717-9914 today.
Call Now To See How We Can Help!