Definition of Assault
1) v. the threat or attempt to strike another, whether successful or
not, provided the target is aware of the danger. The assaulter must be
reasonably capable of carrying through the attack.
In some states if
the assault is with a deadly weapon (such as sniping with a rifle), the
intended victim does not need to know of the peril. Other state laws
distinguish between different degrees (first or second) of assault
depending on whether there is actual hitting, injury or just a threat.
"Aggravated Assault" is the act of assault during the commision of another crime, such as beating the cashier during a gas station robery.
2) n. the act of committing an assault, as in "there was an assault down on Third Avenue." Assault is both a criminal wrong, for which one may be charged and tried, and civil wrong for which the target may sue for damages due to the assault, including for mental distress.
76-5-102. Assault.
Utah Criminal Code Definition
(1) Assault is:
(a) an attempt, with unlawful force or violence, to do bodily injury to another;
(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
(c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
(2) Assault is a class B misdemeanor.
(3) Assault is a class A misdemeanor if:
(a) the person causes substantial bodily injury to another; or
(b) the victim is pregnant and the person has knowledge of the pregnancy.
(4) It is not a defense against assault, that the accused caused serious bodily injury to another.
Utah Criminal Code - Aggravated Assault
76-5-103. Aggravated assault.
(1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he:
(a) intentionally causes serious bodily injury to another; or
(b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon as defined in Section 76-1-601 or other means or force likely to produce death or serious bodily injury.
(2) A violation of Subsection (1)(a) is a second degree
felony.(3) A violation of Subsection (1)(b) is a third degree felony.
Assault: The threat or attempt to strike another,
whether successful or not, provided the target is aware of the danger.
The assaulter must be reasonably capable of carrying through the
attack. In some states if the assault is with a deadly weapon, the
intended victim does not need to know of the peril. Other state laws
distinguish between different degrees (first or second) of assault
depending on whether there is actual hitting, injury or just a threat.
Includes the act of putting another person in reasonable fear or
apprehension of an immediate battery by means of an act amounting to an
attempt or threat to commit a battery.
Battery: The actual intentional
striking of someone, with intent to harm, or in a "rude and insolent
manner" even if the injury is slight. Negligent or careless
unintentional contact is not battery no matter how great the harm.
Assault and Battery: Assault performed in conjunction with an actual
battery Aggravated Assault: the crime of physically attacking another
person, which results in serious bodily harm and/or is made with a
deadly or dangerous weapon. Aggravated assault is usually a felony
punishable by a term in state prison.
Assault with a Deadly Weapon: An
aggravated assault in which the defendant, controlling a deadly weapon,
threatens the victim with death or serious bodily injury.
Sexual
Assault: Sexual intercource with another person without that person
consent; offensive sexual contact with another person, exclusive of
rape.
Assault with Intent: Any assault that is carried out with an
additional criminal purpose in mind. Assault and Battery are classified
as Violent Crimes.
Other types of Violent Crimes include: Assault,
Battery, Mayhem, Domestic Violence, Murder, Vehicular Manslaughter,
Kidnapping, Arson, Terrorist Threats, Child Abuse, Carjacking, Hit
& Run.
Consequences of a Conviction
Consequences for the conviction of Assault and Battery may potentially include:
- Imprisonment
- Probation or parole
- Anger management class
- Significant fines
- Loss of the right to own a deadly weapon
- Other
Determining Punishment
Likelihood of any of the above consequences depends upon the following factors:
- Prior similar convictions
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Other
Defense of Assault Charges
Defenses for Assault and Battery may potentially include:
- Defense of others (loved ones)
- Insufficient evidence
- Factual innocence
- Self defense
- Defense of property
- Other
What can You Do to Improve the Outcome of Your Case?
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Retain qualified counsel as soon as possible
- Keep a diary of all significant events and potential witnesses (this information will help your attorney prepare the best possible defense)
- DO NOT investigate your own case
What can We Do to Help?
- Early preparation, including legal research and defense identification
- Early investigation and identification of all facts helpful to your defense
- Interview police to minimize or eliminate the case
- Interview the prosecutor to minimize or eliminate the case
- Interview all witnesses
- Reduce or eliminate bail requirements
- Provide emotional support to loved ones and ensure that they are continually updated as to the status of your case
- In appropriate cases, negotiate jail alternatives
- Obtain an evaluation report from a court approved psychologist (to show counseling may be a better alternative to jail)
- Coordinate a private lie detector test
- Develop appropriate motions to dismiss the case
- Develop appropriate motions to suppress evidence
