Some Must Know Facts About Understanding Aggravated Assault Charges in Utah.
Many domestic violence charges in Utah involve being charged with simple or aggravated assault. If you are charged with either, you must fully understand the severe legal issues you face.
In Utah, any type of domestic violence charge is serious and can be life-changing in its legal consequences. However, in almost all these cases, the vital differences between simple domestic violence and aggravated domestic violence usually always center around the severity of the incident and its unique circumstances.
A simple push, shove, or even threat could get you charged with simple assault. However, aggravated assault is not merely a threat but also must usually include an act that’s committed with unlawful force and has the potential for serious harm or even death to the harmed party.
Additionally, in almost all cases, the mere presence of a dangerous weapon would also significantly amplify the severity of your charge and contribute to possibly grievous bodily injury or death of your partner; this would also exacerbate the consequences you face.
Any charge that causes harm to another or involves a weapon commonly is always treated as a felony, which proves just how seriously Utah takes these types of actions.
Even if the weapon is counterfeit but perceived as real by your partner, or the intent to harm or level of violence involved is perceived to escalate, it can transform a simple assault charge to aggravated assault.
It must be noted that the penalties for domestic violence in Utah vary greatly, and even a simple assault charge may get you six months in jail.
However, suppose even minor changes to your incident and its circumstances occur. In that case, a simple assault charge can be upgraded to aggravated assault and can lead to multi-year prison sentences and severe financial penalties. Therefore, no matter what the circumstances may be, if you’re charged with domestic violence in Utah, the immediate professional, diligent, and knowledgeable help of a criminal defense lawyer is mandatory.
In a Domestic Violence Case, Can Simple Assault Carry Severe Penalties?
The simple answer is yes; depending on the circumstances of your case, jail time is possible, but with an aggravated assault charge, it may be a certainty.
Additionally, in an aggravated assault case, in addition to prison time, the judge may impose other penalties, such as high fines, restitution, probation, or conditions where you must obey certain rules and restrictions for a specific period.
Because assault of any type is a severe charge, you will now have a criminal record for the rest of your life. This fact leads to other issues, such as increased difficulty getting a job, firearms restrictions, housing, etc.
All these reasons and more make it imperative that you’re professionally represented by an experienced Salt Lake City criminal defense lawyer with the experience to understand the best and most effective defense strategies used in domestic violence aggravated assault cases. As your lawyer will explain, the penalties for misdemeanor assault and felony assault charges are significantly different under Utah law and can affect your future in life-changing ways.
You must note that simple assault and aggravated assault are both crimes that can get you jail time; however, there are key differences in the level of crime and potential punishments that make these crimes very different.
For example, a Utah class A misdemeanor may usually be punished with a maximum of one year in jail and a fine of up to $2,500. However, a class B misdemeanor reduces your jail time to 6 months, resulting in a fine of up to $1,000.
Aggravated assault charges are considered far more serious crimes and are charged almost always as felonies.
A felony conviction in Utah could get you the following penalties:
- A first-degree felony can impose 5 years to life in prison and fines up to $10,000.
- Second-degree felonies can be punished with 1-15 years in jail and up to $10,000.
Why Is Aggravated Assault in a Domestic Violence Case So Much Worse?
In most aggravated assault cases, your conduct and the circumstances involved in these crimes usually make the difference. These differences in the specifics of your case are commonly what justify charging you with aggravated assault, a significantly more serious crime.
To prove simple assault in Utah, the state must prove you committed the following;
- A specific act that exacerbated the incident.
- You used unlawful force or violence.
- That your act caused bodily injury to another (or created a risk of injury occurring).
To prove the more egregious crime of aggravated assault, the state must prove;
- Again, you committed an act.
- You did use unlawful force or violence to commit the act.
- The act caused bodily injury to another (or created a severe risk of injury).
- And, in committing the act, you used a weapon, strangulation, suffocation, or another means that would likely cause death or serious injury to the other party.
So, in aggravated assault cases, commonly additional violence is involved, and the risk of serious bodily injury is what sets simple assault and aggravated assault apart.
Accordingly, with the inherent risk of death or serious injury, this has a dire effect on the victim and always justifies a harsher punishment.
If an experienced, knowledgeable, and thorough criminal defense lawyer mitigates your charges to a misdemeanor using a strategic defense, it will significantly benefit you, your case, and your future.
What Are Some Common Defenses for an Aggravated Domestic Violence Charge in Utah?
When confronting aggravated (or simple) domestic violence and assault charges, having a strategically drafted defense is not only advisable; it’s imperative.
Just a few of the defense strategies you skilled criminal defense lawyer may use are:
- Self-defense – This is a cornerstone of any criminal defense in aggravated assault cases. It shows that you feared imminent harm and responded proportionally to the threat.
- You acted in defense of others – This is also a common defense if you’ve been accused of aggravated assault and hinges on a reasonable belief that someone else (say a child) was in imminent danger of harm.
- Insufficient evidence – This is commonly a foundation of the criminal justice system, and the law (and your lawyer) will require the prosecution to prove your guilt beyond a reasonable doubt. If evidence is insufficient, your case may even be dropped.
Each of these defenses requires a deeply nuanced understanding of Utah’s laws pertaining to domestic violence and assault, and your unique defense must be strategic and tailored to the specific circumstances of your case.
I’ve Been Charged with Domestic Violence in Utah; How Should I Proceed?
To summarize, the primary difference between simple and aggravated domestic violence charges in Utah focuses on the severity of your act, the specifics of the case, and the resulting penalties.
The labyrinth of Utah’s legal system is always legally daunting, and navigating it without a knowledgeable, professional, thorough criminal defense lawyer is a perilous endeavor that can jeopardize your entire future life.
That said, legal representation that is well-versed in litigation and experienced is not only helpful but a critical component to your successful defense and future.
The criminal defense lawyers at Conyers & Nix know the fear and emotional strain that a charge of domestic violence can impose upon you and your family. They also know that you must have highly experienced trial lawyers who don’t just accept plea deals but fight tirelessly and diligently to analyze every aspect of your case and mount the best, most strategic defense possible.
Call them today at 385-469-1097 to schedule a consultation on your unique case. They will provide the focused, authoritative, and strategic defense you must have at this dire time.
