What constitutes simple assault in Utah?

Assault covers a much more comprehensive range of activities than simply causing violence against someone. Below are some examples of things that can be considered assault in Utah.

• An attempt to create physical injury to another.
• To intentionally, intentionally, or recklessly cause bodily injury to another.
• To negligently trigger bodily injury to another with a dangerous tool.
• An attempt by “physical threat” to put an additional in worry of brewing severe bodily injury.
• To conceal or attempt to hide a hypodermic needle to stab a law police officer or improvements police officer.

Considering the variety of conduct that falls under assault, it is easy to understand why individuals are often unpleasantly amazed to discover they are being charged with assault. For example, someone can be charged with assault and battery even if the other person did not suffer physical damage. A person can be charged with simple assault even if an attempt or threat of violence can be sufficient for a charge. In some cases, a person can be angry with no real intention behind their words, yet can be charged just the same.

In rarer cases, yet they still happen, a person can be charged even if something accidentally happened. A person could be charged with assault because of reckless or careless behavior. For example, waiving around a gun or deadly weapon with disregard for traditional safety standards.

Examples of Simple Assault

To better recognize simple assault, it might be handy to give some concrete instances where charges can arise:

• A person takes a swing at someone, intending to punch them, yet the receiver ducks and the punch misses.
• Two people get in a bar fight, even if the fight started mutually.
• Someone is displaying their skills throwing a knife or ax, and the throw misses so badly that someone is hurt.
• A threat of violence is made, and a person is standing over another with clenched fists.

Potential Charges of a Simple Assault Sentence

Assault and battery in Utah is a second-degree misdemeanor. While a violation is not as significant as a felony, that doesn’t indicate you shouldn’t worry about the impacts a conviction can have on your life. If found guilty of simple assault, a person can expect to face these potential consequences.

• Approximately two years behind bars
• A fine of approximately $5,000

There are situations where the charges can be more severe than others. For example, if the person charged is over 18 and allegedly assaulted a child who is 12 years or younger. In this case, the charges are a first-degree felony and can result in the following punishments:

• Up to five years in prison
• A fine of up to $10,000

Defending Against an Assault Charge

As you can see, the results of a successful assault conviction can be quite large. If you are a loved one has been charged with assault or battery in Utah, you need an experienced defense attorney on your side. We invite you to call The Ault Firm to speak with a legal professional and request a case review at 801-987-8409