Utah Aggravated Assault & Battery criminal defense lawyer Jake Gunter offers flexible pricing and 15 years of experience defending people accused of crimes.
Simple Assault and Battery is just the mere unwanted touching of another person done in an intentional, reckless, or knowledgeable manner. The alleged victim need not prove harm, but merely that they were touched against their will, or the other person attempted to touch them against their will.
No Injury Required:
The principle of a simple unwanted touching being enough for simple assault in Utah is demonstrated by Utah’s sexual assault statute. Slapping or touching a person on their bottoms, even slightly, is highly offensive when unlawful or unwanted. Hurting the person is not a required element.
The government or prosecutor must prove simple assault in Utah beyond a reasonable doubt. The entire jury must decide “guilty” or “not guilty” as a whole in order to find you innocent or guilty of simple assault in Utah. A good Utah simple assault criminal defense attorney will find cracks in the government’s case and use them in court.
The elements of simple assault which the government must prove are:
Assault is:
(a) An attempt, with unlawful force or violence, to do bodily injury to another; or
(b) An act, committed with unlawful force or violence that causes bodily injury to another or creates a substantial risk of bodily injury to another.
MENS REA (The Mind Set) OF SIMPLE ASSAULT
You cannot accidentally commit a simple assault and battery under Utah law. The prosecution has to prove that you intentionally, with knowledge, or recklessly assaulted someone.
EXAMPLE: The Provo police department was responding to an alleged crime on Center Street near the bar. You are accused of throwing a beer bottle in the air just to see it break. As you swung back with your arm, you negligently hit someone who was coming out of the bar, causing them injury. You have been negligent or reckless in throwing beer bottles, but you did not knowingly, intentionally, or recklessly intend to hit that person with the back swing of your hand. This is not assault and battery in Utah.
The big difference between simple assault and aggravated assault is the following:
Basically you have to commit a simple assault and use a deadly weapon, use a chokehold, or intend to cause serious bodily injury. The serious bodily injury additional element of aggravated assault can only be accomplished with intent.
“Dangerous weapon” means:
(a) any item capable of causing death or serious bodily injury; or
(b) a facsimile (fake/copy) or representation of the item, if:
(i) the actor’s use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or
(ii) the actor represents to the victim verbally or in any other manner that he is in control of such an item.
As you can see, the statute is written very broadly to encompass just about anything the prosecuting attorney wishes to prosecute.
EXAMPLE: Aggravated Assault in Utah. You are in a bar in Orem, Utah. Your girlfriend is insulted by a drunk man. You get mad and hit the drunk man over the head with a glass beer bottle, causing a cut and bruise on the drunk man’s face. This could be considered aggravated assault because you hit the man with a deadly weapon, i.e., the beer bottle. Even though a simple beer bottle by itself would not be considered a dangerous weapon, but when used to hit someone in the head, it could qualify.
AGGRAVATED ASSAULT PENALTIES
Utah aggravated assault is a third-degree felony if you cause serious bodily injury, or you choke someone out. Aggravated assault is a first-degree felony if you target a law enforcement officer. A third-degree felony can carry 0-5 years in prison.
SIMPLE ASSAULT PENALTIES
In Utah, a simple assault & battery is a Class B Misdemeanor. If, during the assault, you cause “substantial bodily harm” then it is a Class A misdemeanor. It is also a Class A Misdemeanor if you assault a pregnant woman who you know is pregnant.
A Class A Misdemeanor can put you in jail for up to one year, where a Class B can put you in jail for up to six months.
DEFENSES TO UTAH ASSAULT & BATTERY CHARGES:
Assault and aggravated assault often have significant defenses. Unless there is video, who started the fight is always disputed. Self-defense always has to be critically examined by your assault & battery criminal defense attorney.
A good criminal defense attorney once hired will immediately subpoena or request all possible video from the incident location. Most stores have video surveillance but it is expensive to store electronically, so they recycle or delete most video footage after 15 days.
Assault and Battery Examples
EXAMPLE: You are at your Provo apartment with your live-in girlfriend. You are both drunk and get into a verbal altercation. Your girlfriend tries to leave the apartment and you grab her, hold her down, and slap her. This would be assault, and could possibly include more charges like domestic violence.
EXAMPLE: You are at the Orem mall and someone accidentally bumps into you in the busy areas. You turn around and punch him in the face. This would be assault in Utah.
