A simple assault is an attempt to cause another individual serious physical harm by placing them in fear of an imminent battery. A battery is an unlawful or unauthorized use of force on another individual that causes a physical injury or an offensive touching.
In the State of Utah, the charges of assault and aggravated assault are different and separate criminal charges.
Aggravated assault is an intentional action which causes a fear of imminent offensive or harmful touching. An assault is commonly associated with battery, which is an intentional act which results in an offensive or harmful touching of another individual without their consent.
Aggravated assault is a crime which is considered to be a more serious form of assault and battery. It may result in a criminal felony charge. The crime usually consists of physical actions which cause serious bodily harm, such as an assault which is made with a deadly weapon or an assault that includes another aggravating factor.
A deadly weapon may include:
In many states, the criminal laws classify an assault as either simple or aggravated, depending upon the severity of the harm which occurred or the harm which was likely to occur if the defendant would have actually struck the victim. In addition, some states further classify aggravated assaults based upon the seriousness of the harm inflicted into one of the following categories:
Aggravated assault may also be referred to as felony assault. With a felony assault, an additional factor is added which causes the crime to be viewed as one that is more severe than a simple assault.
Because of this, the crime will carry weightier consequences. For example, an assault may be charged as a felony assault when a defendant commits a simple assault which involves an aggravating factor.
Aggravating factors are any circumstances which are related to a crime that make the crime itself more severe. An aggravating factor is important because it may significantly increase the penalty for the crime.
What may be considered an aggravating factor is determined by statute. Therefore, what is considered an aggravating factor may vary widely by state or jurisdiction.
Examples of factors which may be considered to be aggravating factors include, but are not limited to:
In some states, the law may list the aggravating factor, which may include assault with a deadly weapon or an assault with the intent to carry out another crime.
A simple assault charge may be upgraded to an aggravated assault charge when a defendant uses a dangerous weapon or any other means which will likely cause serious injury or death to a victim.
The State of Utah defines a dangerous weapon as anything which may cause serious physical injury or death. The item can be an imitation of a weapon which a victim believes is a real weapon.
The severity of the punishment for aggravated assault in Utah depends on the seriousness of the injury that is sustained by the victim. If a victim does not sustain a physical injury, it is charged as a third degree felony.
If a defendant is convicted of a third degree felony, they may face up to five years in prison as well as criminal fines. If the victim sustains a physical injury, the aggravated assault is charged as a second degree felony. The punishment if a defendant is convicted of a second degree felony includes up to 15 years in prison and criminal fines.
If an individual has been charged with aggravated assault, they should consult with a criminal defense attorney as soon as possible. Aggravated assault charges are very serious and may involve serious criminal consequences if a defendant, or the individual who is charged with a crime, is convicted.
In general, the penalties for aggravated assault are the same as those for a conviction of assault and battery. However, they may be increased to a much more significant degree.
The consequences for a conviction of aggravated assault may include, but are not limited to:
There are, however, some steps an individual may take to beat the aggravated assault charges. These steps begin with hiring a lawyer to defend the individual’s rights in court.
In addition, gathering and providing as much evidence as possible to support the defendant’s claim will increase their chances of beating the aggravated assault charge. A lawyer is best equipped to assist a defendant with this process.
What acts constitute an aggravated assault are defined by state law. Therefore, state law also determines which defenses may be presented in response to the charges.
The best defense to aggravated assault, by far, is factual innocence. However, other defenses may also be available in an individual’s state. Examples of defenses to aggravated assault include, but are not limited to:
Aside from factual innocence, the next best defense to aggravated assault charges is a lack of intent. A defendant’s lawyer may be able to show that the defendant did not intend to harm the victim or to cause fear in the victim.
The lack of intent defense may be one of the most difficult to prove in court, although it may also be one of the most effective defenses. A successful defense may cause the charges against a defendant to be reduced or dismissed entirely. However, it typically requires the assistance of a lawyer to properly assert these defenses.
It is essential to have the assistance of a Utah criminal defense attorney if you are facing aggravated assault charges in Utah. Your attorney can advise you of your rights, determine if any defenses are available, and represent you during court proceedings. Your attorney can also attempt to get your charges reduced or dropped, depending on the circumstances of your case.
If you are a victim of an aggravated assault, you should contact local authorities immediately. You may also contact a local criminal lawyer to determine your options and receive advice regarding the process and what evidence may be helpful in your case.
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