Utah Criminal Code 76-5-102.6: Propelling Substance Or Object At A Correctional Or Peace Officer–Penalties1. Any prisoner or person detained pursuant to Section 77-7-15 who throws or otherwise propels any substance or object at a peace officer, a correctional officer, or an employee or volunteer, including a health care provider, is guilty of a class A misdemeanor, except as provided under Subsection (2). b. the object or substance comes into contact with any portion of the officer’s or health care provider’s face, including the eyes or mouth, or comes into contact with any open wound on the officer’s or health care provider’s body. Elements Of The CrimeA defendant commits a class A misdemeanor propelling a substance or object at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer. A defendant commits a 3rd degree felony propelling a substance or objects at a correctional or peace officer when they are detained and throw or otherwise propel any substance or object at a peace or correctional officer; and the object or substance is: RestitutionThe court may order the accused to pay restitution if convicted of this crime. DNA Specimen AnalysisA defendant convicted of a class A misdemeanor or 3rd degree felony propelling a substance or object at a correctional or peace officer must provide a DNA specimen. Different Levels Of Assault Charges In UtahAssault charges range from a Class B misdemeanor to a second-degree felony. Depending on the circumstances of the assault and on its results, a person convicted of assault could spend up to 15 years in prison. Assault is typically considered a Class B misdemeanor, punishable by up to $1,000 in fines and up to 6 months in jail. However, it can be classified as a Class A misdemeanor if the victim is pregnant or if the act causes substantial bodily injury to the victim. A Class A misdemeanor carries up to one year in jail and $2,500 in fines. You can also face multiple counts of assault depending on the situation when you were arrested for the charge. For example, let’s say you got into a bar fight with three different people. You would then face three separate counts of assault. You only got into one fight, but it’s compounded due to the number of people involved. This means you could be facing up to 3 years in prison versus just the original 1 you would have faced with a normal Class A misdemeanor. Aggravated Assault Charges In UtahAggravated assault is any assault that includes the use of a dangerous weapon. According to assault law, a dangerous weapon is any item that can cause death or serious bodily injury. Typically, aggravated assault is a second-degree felony that carries a prison sentence of 1-15 years and up to $10,000 in fines. If you are facing charges of aggravated assault, you could also be facing the additional charge of carrying a dangerous weapon with the intent to cause harm or to display it in a threatening manner. When your charges are compounded, it increases your potential jail time and any additional fines you might have to pay. Prosecution For Assaulting A Peace OfficerAssault is a criminal offence. Assaulting a peace officer is deemed an ‘aggravated assault’ and is treated more seriously by the courts. Prosecutors will seek the stiffest penalty allowed by Utah law when litigating an assault of a peace officer case. A conviction on this charge is a third degree felony conviction. Here is how the statute reads in the Utah Penal Code: “A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant.” A third degree felony may result in a jail sentence of between 2 and 10 years and a fine not to exceed $10,000. Self-DefenseSelf-defense is an effective defense to use in criminal law cases that involve the use of violence. However, a defense lawyer must prove a peace officer attacked his or her client first. Another way to argue self-defense is to assert a client felt threatened by a peace officer. Self-defense works only when the force used to repel an attack by a peace officer is proportionate to the force applied by the peace officer. Constitutional ViolationsAssault against a peace officer will trigger strong emotions from other law enforcement officers at the scene of the alleged crime. In reaction to an alleged assault, one or more peace officers might shirk their duty to uphold the constitution. 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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