Assault Defense Attorney in Cedar City, UT

Representing Clients Across Central & Southern Utah

Assault is defined in Utah Criminal Code §76-5-102 as attempting or threatening to cause bodily injury to another. It may also include any act that is committed with unlawful force or violence, which causes or creates a substantial risk of bodily injury to another. If the target is unaware of the danger, it is unlikely that a person will be convicted of assault. Furthermore, to commit an assault, a person must be reasonably capable of carrying through with the threatened or attempted attack.

In general, assault is considered a Class B misdemeanor, punishable by $1,000 in fines and up to six (6) months in jail. However, an assault charge can be enhanced to a Class A misdemeanor if the victim is pregnant or if the assault causes substantial bodily injury to the victim. A Class A misdemeanor is punishable by up to one (1) year in jail and up to $2,500 in fines, among other sanctions.

Other factors may also warrant elevated or enhanced charges. For example, if the victim is a school employee or a police officer, an assault charge can be elevated to a Class A misdemeanor. If a prisoner commits an assault, it may be classified as a third degree felony.

Have you been accused of assault? Call a Cedar City criminal attorney at (435) 213-1963 for a FREE consultation.

Assault, Battery & Other Violent Crimes

M.A. Munson Law represents clients across Central and Southern Utah who have been accused of assault and other violent crimes. We recommend acting quickly to involve an attorney who has experience with these cases, as a conviction will result in harsh penalties and a future with limited opportunities.

In addition to standard assault, there are three other types of assault described in Utah law:

  • Aggravated Assault is defined as physically attacking another person, which results in serious bodily harm and/or is made with a deadly or dangerous weapon. Aggravated assault is usually a felony punishable by a term in state prison.
  • Assault with a Deadly Weapon is an aggravated assault in which a deadly weapon is used to threaten the victim with death or serious bodily injury.
  • Sexual Assault may be charged if the defendant is accused of having sexual intercourse with another person, without that person's consent (rape), or is accused of making offensive sexual contact with another person, exclusive of rape.

Battery is defined as:

  • The intentional striking of someone, with intent to harm, or in a "rude and insolent manner", even if the injury is slight or relatively minor. Here, intent must be proven, so negligent or careless contact that is unintentional is not battery, regardless of the amount of harm.

Other violent crimes referred to in Utah Code Annotated §76-5 include:

  • Domestic Violence (DV)
  • Mayhem
  • Kidnapping
  • Murder
  • Manslaughter
  • Arson
  • Making Terrorist Threats
  • Child Abuse
  • Sexual Child Abuse

Consequences of an Assault or Battery Conviction

There are several sanctions that can be imposed on you if you are convicted of assault and/or battery in Utah, including:

  • Significant fines
  • Imprisonment
  • Probation or parole
  • Mandatory Anger Management Class attendance
  • Loss of right to own a deadly weapon

Factors to Consider

If you are charged with assault or battery in Utah, the following factors will likely be taken into consideration by the Court when determining what punishment or sanctions to impose on you:

  • Whether or not you have any prior convictions for similar behavior
  • Whether or not you are currently on probation or parole
  • Your relationship with the victim
  • Other mitigating/aggravating circumstances

Defenses to Assault and Battery in Utah

There are several defenses to assault and battery charges, such as:

  • Self defense
  • Defense of others
  • Defense of property
  • Insufficient evidence
  • Factual innocence
  • Search and seizure violations
  • Forced or coerced confession

Consult with an Experienced Criminal Lawyer

It is never too early to involve a Cedar City assault defense attorney if you or someone you know has been accused of any type of assault, battery, or other violent crime. You may face prison time, fines, and the burden of living with a criminal record for the rest of your life if you forgo experienced counsel. With our long history of defending clients across Utah, we at M.A. Munson Law are qualified to handle your case.

We are proud to represent clients throughout Central Utah and Southern Utah, including Cedar City, St. George, Beaver, Parowan, Paragonah, Panguitch, Enterprise, Brian Head, Hurricane, Washington, Richfield, Enoch, Fillmore, and Kanab.

For your FREE consultation, call (435) 213-1963. We look forward to hearing from you!

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