If you’ve been charged with assault, you must take these charges very seriously. In Utah, an assault conviction can bring penalties that can completely derail your life and your future. Because of this, you need to have a full understanding of the laws surrounding your assault charges as well as your defense options. The best way to do that is to hire an experienced Park City assault lawyer from Conyers & Nix. Whether you’ve been charged with a misdemeanor or felony, you need a highly skilled, knowledgeable legal team working on your behalf from the time you are charged and throughout the entire criminal justice process.
You may be feeling frustrated and overwhelmed by the charges, and unsure of what you need to do in order to protect your rights and your future. Attorneys Kate Conyers & Jesse Nix can help you through this difficult time in the best way possible. We fully prepare for trial and defend your charges in court. Don’t leave your future to chance—speak to a Conyers & Nix attorney today.
Assault-Related Crimes That a Park City Assault Lawyer From Conyers & Nix Can Help With
In Utah, there are several different types of assault. These include:
- Simple assault is an attempt, through unlawful force or violence, to injure another person, a threat that is accompanied by a show of force or violence to injure another person, or an act using unlawful force or violence that causes actual bodily injury or creates a risk of bodily injury to an individual.
- Aggravated assault occurs when a dangerous weapon is used in an assault or when other means of force that could potentially result in death or serious bodily injury are used. Assault is usually elevated to aggravated assault when a weapon is used or when the intent to cause serious bodily harm is present, or when an individual is gravely injured during the assault.
- Sexual assault occurs when sexual contact without consent is forced or coerced. Sexual assault may include rape, incest, molestation, oral sex, harassment, forcing a person to take a sexual photograph, or unwanted touching.
- Assault against a police officer is a more serious criminal offense than a simple assault against another individual. You could be charged with a felony offense which will increase in severity if you caused bodily harm to the police officer.
- Assault against a pregnant woman, similar to assault against a police officer, is a more serious criminal offense than a simple assault against another individual. Again, you could be charged with a felony offense which will increase in severity if you caused bodily harm or if your assault is deemed “particularly cruel.”
- Assault against a healthcare provider or emergency medical service worker is a Class A misdemeanor if you knew the person was a healthcare provider or emergency medical service worker and the individual was performing emergency or life-saving duties at the time of the assault. If you caused substantial bodily harm to the healthcare provider or emergency medical service worker, you could face a third-degree felony charge.
- Harassment occurs when your intent is to frighten or harass another individual by communicating a written or recorded threat to commit a violent act.
Frequently Asked Questions
What Is Aggravated vs. Simple Assault?
Simple assault and aggravated assault are criminal offenses that can potentially result in jail time and criminal fines. In Utah, however, simple assault is a misdemeanor offense (usually a Class B or Class A) punishable by six months to one year in jail, as well as a fine as large as $1,000 for a Class B misdemeanor or $2,500 in the case of a Class A misdemeanor.
A misdemeanor conviction where jail time is given requires you to spend time in your county jail, while a felony aggravated assault conviction would require that you spend time in the Utah State Prison. Your jail time for the misdemeanor offense of simple assault would likely be six months or less unless there were substantial injuries or the victim was pregnant, a police officer, a medical professional, or a school employee—then the offense would be bumped to a Class A misdemeanor.
Aggravated assault involves a weapon and severe injuries and is usually a third-degree felony. If the assault caused severe injury to another individual, the charges could be increased to a second-degree felony offense. When a law enforcement official is specifically targeted and there are serious injuries, you could be facing a first-degree felony offense.
If you are charged with simple assault, the prosecutor must show that you used or threatened to use unlawful force or violence that either created a risk of injury to the other individual or caused bodily injury to the other individual. If you are charged with aggravated assault, the prosecutor must show that you used unlawful force or violence that either created a risk of injury or caused bodily injury and that you used a dangerous weapon, strangulation, or suffocation that could potentially cause death or severe injury. If you punched another individual in a bar scuffle, you will likely be charged with simple assault, while if you hit another person in the head with a baseball bat, you would be charged with aggravated assault.
Is Assault a Felony in Utah?
If you are being charged with aggravated assault, depending on the circumstances, you could be charged with a third-degree felony, a second-degree felony, or a first-degree felony. Being charged with assault is a very serious matter that requires a highly experienced legal team from Conyers & Nix. We will immediately begin investigating your charges, gathering evidence, and looking at the situation from every angle to determine the best way to proceed.
What Are the Penalties for Assault Crimes in Utah?
The penalties for your assault crime will depend on the charges, as detailed below:
- A Class B misdemeanor conviction can result in up to six months in jail and a fine up to $1,000.
- A Class A misdemeanor conviction can result in up to a year in jail and a fine up to $2,500.
- A third-degree felony conviction can result in up to five years in prison and a fine as large as $5,000.
- A second-degree felony conviction can result in up to fifteen years in prison and a fine as large as $10,000.
- A first-degree felony conviction can result in from five years to life in prison and a fine as large as $10,000.
What Should You Do if You Are From Out-of-Town and Are Arrested for Assault in Park City?
If you do not live in the area, or particularly if you live outside of the state of Utah, assault charges can become much more complex. Depending on your charges, you might not receive bail and could be held in jail until your trial. If you are allowed to leave the state, you may have to return for court hearings and trial if your case goes to court. Being away from work for that much time could cause you to lose your job. In addition, if you are convicted of a felony, you could find it difficult to obtain employment once you have served your time in prison.
Why Should You Hire a Park City Assault Lawyer Near You?
It is imperative that you hire a Park City assault lawyer near you as quickly as possible. During your initial encounter with law enforcement, what you say and do can have a significant impact on the outcome of your case. Never try to talk your way out of the charges or explain your side of the story—you are only providing the police with evidence to use against you. Ask to speak to a lawyer, and don’t answer any questions other than to politely provide your name and address.
Having a strong legal advocate in your corner will provide you with the guidance and advice you need every step of the way. Working with a skilled attorney can help you avoid making mistakes that could cost you later on. Your attorney will thoroughly investigate the facts surrounding your charges, look at all the evidence the prosecutor has, and determine whether the police officer made mistakes or violated your rights in any way during your arrest.
How a Conyers & Nix Park City Assault Lawyer Can Help
If you want a zealous advocate who is professional yet compassionate, you want the legal team of Kate Conyers and Jesse Nix. You will receive exemplary representation from start to finish. We meticulously prepare every case as though it will go to trial. Regardless of how challenging your assault case may be, we will fight for you and for your best interests every step of the way. Contact Conyers & Nix today to discuss your Park City assault charges.