Utah is a stand your ground state. This means that one does not have to retreat, or find safety, before resorting to force. To qualify for this type of defense, the defendant has to be in a place where he or she has a legal right to be. Therefore, the stand your ground rule can apply on private or public property. A stand-your-ground law (sometimes called “line in the sand” or “no duty to retreat” law) establishes a right by which a person may defend one’s self or others (right of self-defense) against threats or perceived threats, even to the point of applying lethal force, regardless of whether safely retreating from the situation might have been possible. Such a law typically states that an individual has no duty to retreat from any place where they have a lawful right to be (though this varies from state to state) and that they may use any level of force if they reasonably believe the threat rises to the level of being an imminent and immediate threat of serious bodily harm and/or death. There are some situations where a person is not authorized to use self-defense. First, a person cannot use force in self-defense when he or she has initiated a conflict. This rule prevents people from starting fights and evading the legal consequences. Second, a suspect may not claim self-defense when he or she is assisting in, or committing a felony crime. Third, when a person voluntarily agrees to enter a fight (by words or conduct) he or she cannot use the defense. However, there is one exception to the rule prohibiting a claim of self-defense in a mutual fight. If the aggressor formally withdrawals from the fight and is attacked, he or she can rely on self-defense. Utah Misdemeanor and Felony Assault LawsAn assault can be defined as an attempt to do bodily injury to another with unlawful force or violence, an act committed with unlawful force or violence that causes bodily injury to another, or as an act that creates substantial risk of bodily injury to another. It can be the use of unlawful force or the attempted use of unlawful force that creates a substantial risk of bodily injury to another. In Utah, a person commits the crime of assault by causing, threatening, or attempting to cause injury to another person. Assaults that cause serious injuries, assaults committed with dangerous weapons, assaults by prisoners, and second and subsequent assaults against law enforcement officers and military personnel are felony assaults. What are the Different Levels of Assault Charges in Utah?There are different levels when it comes to the classification of assault. Simple assault is considered a Class B misdemeanor in Utah, and it occurs between two people that don’t have any prior relationship with one another. For example, a fist fight between two strangers would be considered a simple assault. If the victim of a simple assault is a pregnant woman, then the charge can be enhanced to a Class A misdemeanor. What are the Factors That Would Enhance Assault Charges?If there is substantial bodily injury or a weapon involved, then a Class B misdemeanor could be enhanced to a felony. An assault with a weapon is pretty broadly defined under the code, but it can enhance a charge of simple assault to a charge of aggravated assault, which is a third degree felony. A third degree felony is the lowest degree of felony in Utah. The order of charges from least serious to most serious is as follows: Class B misdemeanor, Class A misdemeanor, third degree felony, second degree felony, first degree felony. Felony level charges are very serious, especially assault charges. Who Would Be Classified as a Special Victim in an Assault Case?A special victim is a person who is over the age of 65 and/or somewhat incapacitated. Assault on a police officer can enhance an assault charge. Sometimes assault on a minor can enhance an assault charge, but there would also be a charge of child abuse. A person can potentially be charged for assault and child abuse if they assault someone who is under 18 years of age. How Does the Degree of Injury Affect the Level of Assault Charges?The degree of injury can make a difference. Simply shoving someone is considered an assault, but it won’t necessarily result in bodily injury. However, if you punch someone and break their nose, then there is clear bodily injury and the charge could be enhanced as a result. If you severely injure someone, then the charge could be enhanced to a felony. A charge can also be enhanced for the age of the victim, the use of a weapon, the degree of the assault and the degree of the injury. Many variables can go into a prosecutor’s decision regarding which level of assault to charge a defendant. Does an Alleged Victim Have to Be Injured in Order to Bring Assault Charges?No, an alleged victim does not have to show injury for an assault to have occurred. According to the statute, even an attempt to assault someone is considered an assault. Similarly, creating a substantial risk of bodily injury is considered an assault. So, a person could be charged with an assault without having actually injured or even touched another person. People have to be very careful when dealing with situations that could lead to assault. Assaults Against Protected VictimsIn Utah, assaults against certain victims are punished by longer jail terms. Assaults against pregnant women (if the defendant knows of the pregnancy) are punished more severely. Utah’s laws also punish more severely assaults against certain public officials and employees, including: Hate CrimesIn Utah, hate crimes are criminal activities, including misdemeanor assault, committed with the intent to intimidate or terrorize the victim in order to infringe on or resulting in an infringement on the victim’s civil rights. These crimes are punished more severely than non-hate crime assaults. In the prohibition against hate crimes, lawmakers made clear that the law is not intended to limit any individual’s right to free speech or any other Constitutional rights. Different Levels of AssaultIn Utah, an assault charge can range from a Misdemeanor B to a 2nd Degree Felony. Possible Penalties for an Assault ConvictionAs stated above, it depends on the level of offense. Here’s a chart showing maximum penalties depending on the level: “But What If It Was Self Defense?”Utah law does provide a “defense” to the crime based on a claim of self-defense, specifically: “A person is justified in threatening or using force against another when and to the extent that the person reasonably believes that force or a threat of force is necessary to defend the person or a third person against another person’s imminent use of unlawful force.” If you have a self-defense claim, a key question will be whether or not your belief that you had to defend yourself was “reasonable.” This will be a matter for the jury (or sometimes the judge) to decide. Some of the relevant factors under the self-defense law are: “But What If I Never Even Touched the Other Person?”Most people think of assault as, at the least, a shove or punch–some sort of physical contact–but that’s not the case. Assault certainly can include a shove or punch, but it also can include “an attempt, with unlawful force or violence, to do bodily injury to another or a threat, accompanied by a show of immediate force or violence, to do bodily injury to another.” So, technically, you could be convicted of assault if you tried to throw a brick at someone’s head, but missed. You could also be convicted if you got up in someone’s face and threatened to beat them up. However, threatening someone over the phone probably would not be an assault crime (although it may be another crime) because it’s hard to make a show of immediate force or violence over the phone. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
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