The state of Utah defines assault as the attempt to cause bodily injury, with unlawful force or violence, to cause or create a substantial risk of bodily injury to another. Assault is also an act, committed with unlawful force or violence, that causes serious bodily injury to another or creates a substantial risk of bodily injury to another.
Acts of assault that cause serious injuries to another, committed with a dangerous weapon, by prisoners, or second and subsequent assaults against law enforcement officers and military personnel are classified as felony assaults. Felony assaults carry harsher penalties than misdemeanor assault charges.
If you were arrested for assault or aggravated assault, then you need an aggressive criminal defense attorney in Utah to help you fight the charges at every stage of the case.
Attorney for Assault in Salt Lake City, UT
The criminal defense lawyers of Brown, Bradshaw & Moffat, LLP have nearly two decades of experience representing clients facing criminal charges in Salt Lake City, Utah and surrounding areas. Our attorneys can help you understand how to best deal with the charges against you and can draft up a plan of action to reach a positive resolution of your case.
It is always best to speak with a criminal defense lawyer before speaking with anyone else about an assault charge. Our lawyers are very informed on Utah’s Assault laws and will investigate all the details of your case.
Contact Brown, Bradshaw & Moffat, LLP at (801) 532-5297 today.
Utah Assault Information Center
Assault Penalties in Utah
Aggravated Assault in Salt Lake City, UT
Assault against Health Care Provider / Emergency Medical Service Worker
Assault against Peace Officer or a Military Service Member in Uniform
Assault Penalties in Utah
Penalties for assault may include costly fines and incarceration, or both. In Utah, assault is classified as a class B misdemeanor, punishable by up to six months of incarceration and up to $1,000 in fines.
Charges can be enhanced to a class A misdemeanor if the person also causes serious bodily injury to the victim or if the victim is pregnant and the offender has knowledge of such pregnancy at the time of the offense.
In Utah, the crime of assault is defined as:
an attempt, with unlawful force or violence, to do bodily injury to another;
a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
Aggravated Assault in Salt Lake City, UT
Under Utah Code, aggravated assault is classified as an offense against the person. A person is guilty of committing aggravated assault if he or she
attempts, with unlawful force or violence, to do bodily injury to another;
makes a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
commits an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
Additionally, the person’s actions must include
a dangerous weapon
any act that impedes the breathing or the circulation of blood that is likely to produce a loss of consciousness by applying pressure to the neck or obstructing the airway of an individual
other means or force likely to cause death or serious bodily injury
Violations of this criminal offense are charged as third-degree felonies unless the aggravated assault resulted in serious bodily injury or loss of consciousness, which is considered a second-degree felony offense. Targeting a law enforcement officer and causing serious bodily injury is considered a first-degree felony.
Utah Code 76-2-102 provides that “when the definition of the offense does not specify a culpable mental state and the offense does not involve strict liability, intent, knowledge, or recklessness shall suffice to establish criminal responsibility.”
Assault against Health Care Provider / Emergency Medical Service Worker
Under Utah Code 76-5-102.7, it is unlawful for a person to assault a certified emergency medical service worker or health care provider. Offenses under this section are classified as class A misdemeanors if the following are true:
The person is not a prisoner
The person commits an assault or threat of violence
the person was aware that the victim was a health care provider or emergency medical service worker and
during the assault, the health care provider or emergency medical service worker was performing emergency or lifesaving duties within the scope of his or her authority
Assault against Peace Officer or a Military Service Member in Uniform
Under Utah Code 76-5-102.4, it is unlawful to assault a peace officer or military service member in uniform. Offenses under this section are classified as class A misdemeanors unless the person has previously been convicted of this violation or causes substantial bodliy injury, in which case the offense carries third-degree felony penalties. Using a dangerous weapon or force likely to produce death or serious bodily injury is a second-degree felony.
A person is guilty of committing this crime if he or she does the following:
assaults a peace officer with knowledge that the individual is a peace officer when the peace officer is acting within the scope of his or her duties as a peace officer; or
assaults a military service member in uniform when the service member is acting within the scope of his or her duties and authority as a military service member in uniform.
The court may suspend the following sentence if it finds that the interests of justice would best be served by the suspension and the court makes specific findings concerning the disposition on the record. Otherwise, sentencing for this criminal offense must include the following:
90 consecutive days in jail for a second offense;
180 consecutive days in jail for each subsequent offense.
Finding a Lawyer for Assault Charges in Utah
If you are facing assault charges , it is important to speak with the lawyers of Brown, Bradshaw & Moffat, LLP as soon as possible. Our lawyers take the time to investigate all the details of your case in order to get you the best possible resolution.
Brown, Bradshaw & Moffat, LLP has a team of experienced criminal defense attorneys and decades of combined experience representing those facing legal trouble for assault crimes. We realize the troubles defendants face when they are arrested and accused of committing a crime and are fully dedicated to protecting your rights. Our attorneys can also inform you of your protections under both federal and state laws.
Contact Brown, Bradshaw & Moffat, LLP at (801) 532-5297 today for a free initial consultation.
Criminal Defense — Utah
Frequently Asked Questions: Assault in Utah
1What is the legal definition of assault in Utah?
In Utah, assault is defined under Utah Code § 76-5-102 as an attempt to cause bodily injury to another person using unlawful force or violence. It also includes threats of immediate violence or acts that create a substantial risk of bodily harm. Unlike some states, Utah does not always require physical contact for a person to be charged with assault — the mere threat or attempt can be sufficient for a Class B misdemeanor charge.
2What is the difference between simple assault and aggravated assault in Utah?
The primary difference lies in the severity of the act and the potential for harm. Simple assault is typically a misdemeanor involving minor injuries or threats. Aggravated assault under Utah Code § 76-5-103 is a felony-level offense that occurs when a person uses a dangerous weapon, acts with force likely to produce death or serious injury, or impedes the breathing (strangulation) of another.
3Can an assault charge be upgraded to a felony in Utah?
Yes. While simple assault is often a Class B misdemeanor, it can be upgraded to a Class A misdemeanor if the victim is pregnant or if the assault causes substantial bodily injury. It becomes a third-degree felony if the victim is a peace officer, a healthcare provider, or if the act meets the criteria for aggravated assault. Penalties for felony assault in Utah can range from 0–5 years (third degree) up to life in prison (first degree) depending on the circumstances.
4What are the penalties for a first-time assault conviction in Utah?
For a first-time Class B misdemeanor assault, you could face up to six months in jail and a fine of up to $1,000. For a Class A misdemeanor, the maximum jail time increases to 364 days with fines up to $2,500. Beyond jail time, a conviction can lead to a permanent criminal record, loss of firearm rights in domestic violence cases, and difficulty securing future employment.
5How can a criminal defense lawyer help with assault charges?
An experienced defense attorney will investigate the details of your arrest to identify defenses such as self-defense, defense of others, or lack of intent. At Brown, Bradshaw & Moffat, we work to challenge the prosecution's evidence, negotiate for reduced charges — such as moving a felony down to a misdemeanor — or seek a complete dismissal of the case to protect your future and your freedom.
DISCLAIMER: The information in this document is for general educational purposes only and does not constitute legal advice. Consult a qualified attorney regarding your specific situation. Contacting Brown, Bradshaw & Moffat does not create an attorney-client relationship.
Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah. The use of this form for communication with our personnel does not establish an attorney-client relationship.
