Using unlawful force to inflict injury on another person — or even threatening to do so — can lead to some serious consequences, including jail time, hefty fines, and a criminal record that affects your future.
In some states, carrying out the unlawful force is called “battery,” and threatening to do so is called “assault.” However, in Utah, “battery” doesn’t exist. You can either get an assault charge or a something related to “threat of violence.”
In Utah, assault by itself is defined as using unlawful force or violence “to inflict bodily injury on an individual.”
It can also mean that your actions created a risk of bodily injury to the other person. So if that person evades your attack, you can still get charged with this crime.
Assault in Utah is a class B misdemeanor. This means you can get up to six months in jail or a fine of up to $1,000.
In some cases, assault can be a class A misdemeanor. This can land you in jail for up to 364 days with a fine of up to $2,500. You may be charged with this if your actions caused substantial bodily injury.
Another reason you may get a class A misdemeanor has to do with who you committed the crime against. That can include a pregnant person (and you knew about the pregnancy), a school employee, a peace officer, and a military service member in uniform.
If you cause substantial injury against a peace officer or military member, that’s a third-degree felony, which means up to five years in prison and up to $5,000 in fines. If the injury isn’t substantial, you can still get this charge if you previously were convicted of committing assault against one of those people. If that happens, you’ll also have to spend a mandatory minimum sentencing of 90 days in jail — or 180 days for a third-time conviction and beyond.
That can increase to a second-degree felony if you use a dangerous weapon or the force you use is likely to cause death. This means prison time of one-to-15 years and a fine of up to $10,000.
If you’re a prisoner, and you commit assault against anyone — civilian, guard, other prisoner, etc. — that is also a third-degree felony.
Regular assault in Utah becomes a felony when it’s accompanied by the word “aggravated.” There are three variables that raise the crime to that level:
Aggravated assault alone is a third-degree felony. However, it can be a second-degree felony if the victim loses consciousness or your actions result in serious bodily injury.
It can also be a first-degree felony if you commit this crime against a law enforcement officer, and that person ends up with serious bodily injury. With this type of charge, you can be in prison for five years to life, and you may have to pay a fine of up to $10,000.
If you’re a prisoner, and you commit aggravated assault, that’s a second-degree felony. However, if you caused serious bodily injury intentionally, that’s a first-degree felony.
Everything we discussed above is what battery and aggravated battery means in other states. In those places, the word “assault” is what Utah generally calls “threat of violence.”
Under the state’s codes, this is when you threaten someone else, and your actions show intent to cause fear that the other person is in immediate danger.
Under Utah law, it’s not very difficult to get in trouble for this crime. It explicitly states that the threats don’t necessarily have to be spoken. They can be implied. It also says that it doesn’t matter whether or not the person making the threats is capable of carrying them out.
The threat of violence is a class B misdemeanor.
In Utah, you can be charged with both threat of violence and assault at the same time. The state’s code includes wording that says you can get charged with threat of violence whether or not you actually carried out the crime.
For example, let’s say you told someone you wanted to punch them in the nose, and then one day you actually did it. Not only could you face an assault charge — a class B misdemeanor at least — but you’d also be charged with another class B misdemeanor threat of violence. Those charges stacked on top of each other can mean more jail time for you in the end.
Utah law has two crimes that can lead to even higher penalties for making threats.
Under Utah law, if you make a threat of violence against people at school, you may be charged with “threats against schools.”
If your threats included a little bit of each of those scenarios, you may find that the charges will stack up on each other. So you could be facing a third-degree felony, a class A misdemeanor, and a class B misdemeanor all for the same situation.
These threats don’t have to be substantial at all. It can be a hoax that you never even intended to carry out, and you can still face these penalties.
The threat of terrorism law has some similarities to threats against schools. The main difference is that this law covers civilian populations as a whole. The severity of the charge again depends on the situation:
You may notice that threats of terrorism and threats against schools have some overlap. A school is a public place where you can find civilians. In all reality, if you make a threat against a school, you may face charges for that as well as a threat of terrorism. Having all those charges stacked on top of each other can lead to a lot more time behind bars.
The first thing to do if you’re accused of a threat of violence or an assault charge is to call your attorney. Don’t answer any questions by police except basic identifying information. Your lawyer will help you navigate the legal process and make sure you get the best outcome possible.
For these types of cases, you’ll want someone who has experience defending people who are accused of violent crimes. The best attorneys for that job are Kristin Wilson, Michael Holje, Ann Taliaferro and Mark Moffat. They have been practicing for years, and they’d be happy to help you out!
Click here to schedule a free consultation.
