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Assault

Utah law defines the term assault to mean an attempt, with unlawful force or violence, to do bodily injury to another person. This includes threats to do bodily injury to another person accompanied with a display of immediate force or violence. It also includes an act, committed with unlawful force or violence, which causes bodily injury to other person or creates serious risk of bodily injury to another person.

Salt Lake City Assault Defense Attorney

Darren M. Levitt is a knowledgeable Salt Lake City violent crime defense attorney. His insight into the criminal justice system can help you understand the charges you face and your most favorable defense options. Darren M. Levitt prides himself on his firm's proactive approach, practical and honest client communication, and ability to create informed clients. Call 801-455-1743 for a free, no-obligation consultation with Darren M. Levitt.


Utah Assault Information Center


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Sentencing for Assault Crime in Utah

The penalties for assault can be very severe, including costly fines and extended incarceration periods. Under Utah criminal code, this includes:

  • Class B Misdemeanor - Up to 6 months in jail and fines up to $1,000
  • Class A Misdemeanor – Up to 1 year incarceration and up to $2,500 in fines
  • Third Degree Felony – Up to 5 years incarceration and fines up to $5,000
  • Second Degree Felony – 1 to 15 years incarceration and fines up to $10,000

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Utah Penalties for Assault under Section 76-5-102

Assault is often charged as a Class B misdemeanor offenses. The 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 has knowledge of such pregnancy at the time of the offense.


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Aggravated Assault Under Utah Code § 76-5-103

Under Utah's criminal code, a person is guilty of committing aggravated assault if he or she commits assault as defined in Section 76-5-102 and uses:

  • a dangerous weapon as defined in Section 76-1-601; or
  • other means or force likely to produce death or serious bodily injury.

Violations of this criminal offense are considered 3rd degree felonies, unless the aggravated assault resulted in serious bodily injury, which is considered a 2nd degree felony offense.


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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. This is a class A misdemeanor offense, unless the person has previously been convicted of this violation, in which case the offense carries 3rd degree felony penalties. A person is guilty of this penalty if he or she:

  • 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 in another matter. Otherwise, sentencing for this criminal offense may include:

  • 90 consecutive days in jail for a second offense;
  • 180 consecutive days in jail for each subsequent offense

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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. This is a class A misdemeanor offense if:

  • 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 life saving duties within the scope of his or her authority.

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Assault Against School Employees under Utah Code § 76-5-102.3

A person who assaults a public or private school employee (with awareness that the individual is an employee) and when the employee is acting within the scope of his or her authority as an employee can be charged with a class A misdemeanor. Employees can also include volunteers.


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Assault by Prisoner under Utah Code § 76-5-102.5

A prisoner who commits assault on another person with the intent to cause bodily injury is guilty of 3rd degree felony.


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Aggravated Assault by Prisoner under Utah Code § 76-5-103.5

A prisoner who commits aggravated assault not included in Utah Code §Section 76-3-203.6 (enhanced penalty for certain offenses committed by a prisoner) is guilty of:

  • 2nd degree felony if no serious bodily injury was intentionally caused; or
  • 1st degree felony if serious bodily injury was intentionally caused.

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Plea Options in Assault Cases

There are factors that may impact plea deals, including repeat assault offenders, people with several criminal cases already option, second degree felony aggravated assault cases, and certain details unique to the case. In other cases, the assault or aggravated assault offense may be eligible for a plea of suspended or alternative sentence. This is best determined by your criminal defense attorney.


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Levitt Legal, PLLC | Utah Aggravated Assault Defense Lawyer

If you or a loved one is facing assault charges, contact Levitt Legal today. Darren M. Levitt represents men, women, and youth charged with assault offenses in Salt Lake City, Park City, Layton, Morgan, and the surrounding communities. Darren M. Levitt gives every client the utmost attention and understands the importance of open communication. Call 801-455-1743 to explore your legal defense options.

Levitt Legal - Criminal Defense Attorney in Salt Lake City, Utah
266 East 500 South
Salt Lake City, UT 84111
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The information provided on this site is for general information purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your own individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Use of this website or submission of an online form, does not create an attorney-client relationship.

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