Essentially, in Utah, an assault is committed when you threaten or actually hit or harm someone.
Utah defines assault as an attempt to cause bodily injury to another or an act that causes or creates substantial risk of bodily injury to another. The severity of the charge depends on the extent of the harm or injuries caused, how the injuries were caused, and who was assaulted- for example assaulting a healthcare worker, policeman, or school worker can have steeper consequences.
Aggravated assault is the same as regular assault, but with a more serious sentencing. Some examples are-
- Use of a deadly weapon (any item capable of causing grave injury or death)
- Loss of breath, blood, or consciousness
- A greater substantial risk of bodily harm
- Injury great enough to cause death
A term we often hear is sexual battery. This is when someone deliberately touches another person, even if its through clothing, in the genital area, buttocks area, or breasts against the persons will. The perpetrator knows and enjoys the alarm and discomfort that the touching causes.
At Stevens & Gailey we will work above and beyond on your case to make sure your rights are protected. With offices in Ogden and American Fork we can help you no matter where you live! Don’t hesitate to call us NOW and set up your initial consultation.
Punishment for Misdemeanor Assault
Most assaults are class B misdemeanors, and are punishable by up to six months in jail and a fine of up to $1,000 plus surcharge.
(Utah Code § § 76-3-204, 76-3-301, 76-5-102.)
The following assaults are Class A misdemeanors:
- assaults that cause considerable bodily injury
- assaults against pregnant women
- assaults against protected officials and employees
- throwing things at a correctional or law enforcement officer, and
- hate crimes.
Class A misdemeanors are punishable by up to one year in jail and a fine of up to $2,500.
(Utah Code § § 76-3-203.3, 76-3-204, 76-3-301, 76-5-102, 76-5-102.3, 76-5-102.4, 76-5-102.6, 76-5-102.7.)