Several assault charges can be imposed in Utah. These charges range from a Class B Misdemeanor up to a 3rd Degree Felony. Before we get in too deep about the various assault levels, let’s discuss the difference between assault and battery.
Assault vs. Battery in Utah
The main difference between these two crimes comes down to a threat instead of an actual violent act. Traditionally someone could be charged with assault by threatening someone with physical violence. Battery entails that actual acts of violence that cause minor to serious bodily harm. The statutes pertaining to assault charges now cover almost all battery situations as well. This means that there is not a “battery” crime apart from the sexual battery.
Degrees of Assault Charges
Most assault charges include the following elements in one capacity or another:
Class B Misdemeanor
- An attempt or showing of an unlawful attempt to do immediate physical bodily harm to another person.
- A committed act that imposes bodily injury to someone else.
Class A Misdemeanor
- The charges can be increased to a higher class if the injuries sustained are substantial.
- The attacked person is pregnant, and the individual knowingly attacked that person despite their pregnancy.
Felony Assault Charges
- A felonious assault charge can be placed if the person uses a weapon during the attack.
- The injuries are so severe that the person attacked could have died as a result of the damage.
Below is a look at the minimum penalties as a result of these charges.
- 2nd Degree Felony: 1-15 years in prison, $10,000 fine.
- 3rd Degree Felony: 0-5 years in jail, $5,000 fine.
- Misdemeanor A: 1 year in jail, $2,500 fine.
- Misdemeanor B: 6 months in prison, $1,000 fine.
The judge can decide the severity of the punishments depending on the circumstances of the case. Although it is unlikely that a first offender will get the maximum sentence of jail or prison time, it is possible. More likely than not, convicted offenders can expect a combination of jail/prison time, fines, community service, and possible anger management classes.
We have published an article dealing with self-defense claims as a means of justifying these offenses. If you have been charged with assault, the ramifications can be quite significant. If you have been charged in Utah, we suggest contacting The Ault Firm attorneys to request a case review.