Yes, in the law you will find there are different kinds of assault, which include simple and aggravated assault in Utah. When you find yourself in a situation that makes you wonder what kind of assault charges could be brought against you, you could be asking yourself if there are varying degrees of assault you could be convicted of. The answer is that simple assault can be defined as easily as beating someone up, or even threatening to use unlawful physical force. Aggravated assault is similar but has to involve certain elements to be classified as aggravated assault in Utah.
Aggravated Assault is simple assault plus one of the following acts:
A “Dangerous Weapon” is defined at Utah Code Ann. 76-1-106 (2021) to mean:
– Any item capable of causing death or serious bodily injury; or
-A facsimile or representation of the item, if:
*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
*the actor represents to the victim verbally or in any other manner that he is in control of such an item.
– Applying pressure to the neck or throat of a person; or
– Obstructing the nose, mouth, or airway of a person; or
–Other means or force likely to produce death or serious bodily injury.
Many household items qualify as a dangerous weapon, and using them can be the equivalent of Aggravated Assault in Utah. Aggravated Assault in Utah can also be defined as defending yourself and using any type of choke hold to subdue your aggressor. It is important when charged when assault that you have an experienced attorney to educate you on the specific details of the law and charges against you.
Aggravated Assault is a Third Degree Felony
So what are the consequences of being convicted on aggravated assault? In Utah, Aggravated Assault is a Third Degree Felony. You can be sentenced to 1-5 years in the Utah State Prison. Or, you can be sentenced to a term in the county jail, not to exceed 10 years, or probation and jail.
You will likely be placed on Adult Probation & Parole with supervised probation for 36 months, especially if it is your first offense.
Utah Restitution and Aggravated Assault
As with any criminal conviction, victim restitution is a mandatory part of any criminal sentence. Failure to pay restitution will forever bar your ability to expunge a Utah aggravated assault conviction.
Aggravated assault restitution could be paying for the victim’s medical bills, or therapy and counseling for the victim. These medical bills can be significant. See this Article on Restitution for more information on limiting or challenging criminal restitution in Utah.
Expungement of Aggravated Assault in Utah.
Like all eligible Third Degree Felonies in Utah, you can expunge them (remove them from your record) after a seven year waiting period. Common to all expungements, you must successfully complete all terms of probation, including paying all restitution f or your Aggravated Assault in Utah. If you file a Rule 402 Motion, which you can do with the help of the experienced attorney, you canreduce the severity down from a Third Degree Felony to a Class A Misdemeanor. A reduction can also reduce your expungement waiting period of 7 years down to 5 years.
Aggravated Assault Utah Laws Effective 5/9/2017
76-5-103. Aggravated assault — Penalties.
(1) Aggravated assault is an actor’s conduct:
(a) that is:
(i) an attempt, with unlawful force or violence, to do bodily injury to another;
(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and
(b) that includes the use of:
(i) a dangerous weapon as defined in Section 76-1-601;
(ii) any act that impedes the breathing or the circulation of blood of another person by the actor’s use of unlawful force or violence that is likely to produce a loss of consciousness by:
(A) applying pressure to the neck or throat of a person; or
(B) obstructing the nose, mouth, or airway of a person; or
(iii) other means or force likely to produce death or serious bodily injury.
(2)
(a) Any act under this section is punishable as a third degree felony, except that an act under this section is punishable as a second degree felony if:
(i) the act results in serious bodily injury; or
(ii) an act under Subsection (1)(b)(ii) produces a loss of consciousness.
(b) Aggravated assault that is a violation of Section 76-5-210, Targeting a law enforcement officer, and results in serious bodily injury is a first degree felony.