Assault

Assault Defense Attorney Lehi, UT – Hoyer Law
Hoyer Law Firm
51 E Main Street
Lehi, UT 84043
(801) 901-0797
https://attorneylehiutah.com

Being charged with assault can be a terrifying experience, especially if you have no knowledge of criminal procedures and if you don’t know how to defend yourself against such accusations.

The good news is that you don’t have to face your assault charges alone. At Hoyer Law, we have extensive experience in providing clients with legal advice and defending them against assault charges.

If you have been arrested or are being investigated by law enforcement for assault, keep reading to learn more about our services.

Different Levels of Assault in Utah

First, it may be worth discussing the different levels of assault in Utah.

Misdemeanor B

For an assault to be a Misdemeanor B, one of the following elements should be present:

-    An attempt to do bodily harm to another person with unlawful force or violence,

-    A threat to do bodily harm to another together with a demonstration of immediate force or violence, or

-    An act of unlawful force or violence that causes bodily harm or the risk thereof to another.

Misdemeanor A

Misdemeanor B assault can become a Misdemeanor A assault of your action resulted in the substantial bodily injury of another or if the victim was pregnant and the attacker knew about the pregnancy.

3^rd-Degree Felony

Misdemeanor A assault can become a 3rd-degree felony if the attacker uses a dangerous weapon or force that has the possibility of causing death or serious bodily injury.

2^nd-Degree Felony

An assault is classified as a 2nd-degree felony if the act results in serious bodily injury. There are various types of 2nd-degree felonies, including assault by a prisoner, assault against a school employee, and assault against a law enforcement officer.

According to Utah Law, there is no provision for “battery.” There is, however, sexual battery, but this crime is not included under the levels of assault listed above.

If you are found guilty of assault, you may receive a prison sentence or a fine, depending on the severity of the assault and the surrounding circumstances. The possible penalties for assault are as follows:

-    One to fifteen years jail sentence or a fine of up to $10,000 for 2nd-degree felonies.

-    Up to five years jail sentence or a fine of up to $5,000 for 3rd-degree felonies.

-    A jail sentence of up to one year or a fine of up to $2,500 for misdemeanor A assault

-    A jail sentence of up to six months or a fine of $1,000 for misdemeanor B assault.

In addition or as an alternative to these punishments, the court may order you to do community service or attend anger management classes.

As you can see the punishment for assault is quite severe. Even a threat of assaulting someone can land you in jail for as long as six months – long enough to do your career and family life considerable damage.

Self-defense

If you claim that you acted in self-defense, the fundamental question before the court will be whether your subjective belief that you had to take action to defend yourself was reasonable.

There are several factors that the judge or jury will consider to answer this question. Factors that the court will take into account to determine if your belief was reasonable include:

-    The nature of the threat,

-    The immediacy of the threat,

-    The other party’s history of resorting to violent actions,

-    History of abuse or violence between the parties,

-    The probability that your efforts would result in death or serious bodily harm.

If you initiated the altercation or provoked the other party to act violently, successfully claiming self-defense can be a challenge.

Threats and Attempts

It is clear that shoving or pushing a person can constitute a misdemeanor B assault. Getting in someone’s face and threatening them or attempting to hit them with an object can also constitute assault, however, even if you miss.

Expert Legal Help in Utah

The average person may think that a run-in with the law as the result of a mere threat is not a big deal. However, it can be enough to land you in jail, especially if there were aggravating circumstances present.

When you become aware that there is a police investigation against you for assault, the first thing you should do is to contact Hoyer Law. Our criminal law expert is a reputable attorney with an excellent track record and extensive experience.

Hoyer Law will communicate with the authorities on your behalf and represent you during court hearings and other procedures.

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