In Utah, the crime of assault refers to an attempt to do bodily injury to someone else via violence or unlawful use of force. It is usually charged as a misdemeanor, but can be treated as a felony when the assault is:
- Likely to cause serious bodily injury or death OR
- Committed by a prison inmate OR
- Your second (or subsequent) conviction for assaulting a law enforcement officer or member of the U.S. military
Aggravated Assault
You can be charged with aggravated assault if you physically attack someone using a dangerous weapon such as a gun or knife or use other means likely to result in serious injury or death. In Utah, aggravated assault is prosecuted as a third degree felony. If the attack actually injured someone, the charge is bumped up to a second degree felony.
Assault by Prisoner
If you are incarcerated in a Utah prison and attack someone else with the intention of causing bodily harm, you can be charged with a third degree felony. Certain assaults, such as attacking and injuring a corrections officer, are treated as aggravated incidents. If no serious bodily injury was intended, you can be found guilty of a second degree felony, while intentionally injuring someone will be treated as a first degree felony.
Assault Against a Peace Officer or Uniformed Member of the Military
If you assault a peace officer or uniformed member of the military while they are acting within the scope of their duties and have previously been convicted of the same offense, it is a third degree felony.
Sentencing for Felony Assault in Utah
The penalties for a felony assault conviction in Utah can be severe depending on the degree you are charged with. A third degree felony can send you to prison for up to five years and require you to pay a $5,000 fine. A conviction for a second degree felony is up to 15 years in prison and a fine of up to $10,000. First degree felonies can send you to a state prison for five years to life and require you to pay a $10,000 fine.
If you are charged with a felony assault, call the Law Office of Arnold, Wadsworth & Coggins today. The consequences of a conviction don’t end when the fine is paid or the sentence is served. Felony convictions make it difficult to obtain employment, qualify for certain professional licenses, and even get into some schools. An experienced criminal defense attorney will protect your rights and work to minimize the possibility or outcome of a felony conviction.
