Violent Crime

What Makes Aggravated Assault Aggraved? 2024 Amendments

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CALL/TXT UTAH AGGRAVATED ASSAULT DEFENSE ATTORNEY JAKE GUNTER (801) 373-6345. FREE CONSULT. FLEX PAYMENT PLANS.

2024 UTAH AGGRAVATED ASSAULT CHANGES


CHANGE: You can now commit aggravated assault if you use a motor vehicle.

AGGRAVATED ASSAULT IS UTAH IS:

Felony 3 Aggravated Assault. Felony 3 aggravated assault in Utah is just simple assault causing or threating to cause bodily injury involving: (1). A dangerous weapon involved, or (2). A motor vehicle [new 2024 amendment], or (3). Any affixation, strangulation, or nose/mouth airway obstruction, or (4). Other means or force likely to produce death or serious bodily injury.

Felony 2 Aggravated Assault. Felony 2 aggravated assault in Utah occurs if: (1). The act results in serious bodily injury, or (2). The act produces a loss of consciousness, or

Felony 1 Aggravated Assault. Felony 1 aggravated assault in Utah occurs if: (1). The conduct constitutes targeting a law enforcement officer and results in serious bodily injury.

“Bodily Injury,” “Serious Bodily Injury” and “Substantial Bodily Injury” are all defined terms at 76-1-101.5.

The motor vehicle aggravated assault amendment was added as part of a 2024 road rage criminal enhancement statute.

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CALL/TXT JAKE GUNTER (801) 373-6345. FREE CONSULT. FLEX PAYMENT PLANS.

**76-5-103.  Effective 07/01/24 Aggravated assault -- Penalties. **

1094 (1) (a)As used in this section, "targeting a law enforcement officer" means the same as 1095 that term is defined in Section 76-5-202. 1096 (b)Terms defined in Section 76-1-101.5 apply to this section. 1097 (2)An actor commits aggravated assault if the actor : 1098 (a) (i) the actorattempts, with unlawful force or violence, to do bodily injury to 1099 another; 1100 (ii) the actormakes a threat, accompanied by a show of immediate force or violence, 1101 to do bodily injury to another; or 1102 (iii) the actorcommits an act, committed with unlawful force or violence, that causes 1103 bodily injury to another or creates a substantial risk of bodily injury to another; and 1104 (b) includes in the actor's conduct under described in Subsection (2)(a) includes: 1105 (i) the use of: 1106 (i) (A) a dangerous weapon; or 1107 (B) a motor vehicle; 1108 (ii)any act that impedes the breathing or the circulation of blood of another 1109 individual by the actor's use of unlawful force or violence that is likely to produce 1110 a loss of consciousness by: 1111 (A)applying pressure to the neck or throat of an individual; or 1112 (B)obstructing the nose, mouth, or airway of an individual; or 1113 (iii)other means or force likely to produce death or serious bodily injury. 1114 (3) (a)A violation of Subsection (2) is a third degree felony. 1115 (b)Notwithstanding Subsection (3)(a), a violation of Subsection (2) is a second degree 1116 felony if: 1117 (i)the act results in serious bodily injury; or 1118 (ii)an act under Subsection (2)(b)(ii) produces a loss of consciousness. 1119 (c)Notwithstanding Subsection (3)(a) or (b), a violation of Subsection (2) is a first 1120 degree felony if the conduct constitutes targeting a law enforcement officer and 1121 results in serious bodily injury. 1122 Section 12. Section 78A-2-109.5 is amended to read: