Aggravated assault is a piggyback statute to simple assault, meaning that the prosecutor is required to show that the defendant has created assault and then must also prove the existence of the aggravating elements. There are two ways that assault can escalate to an aggravated assault, the first is the uses of a dangerous weapon, and the second is the use of some other means or force likely to produce death or serious bodily injury. Ultimately the idea is the same, if seriously bodily injury could result from the defendant’s methods then there is the possibility of an aggravated assault charge. The reason for the second categories is simply because the list of dangerous weapons can’t possibly include everything that could cause serious bodily injury.
Aggravated Assault Penalties in Utah
In Utah a conviction of aggravated assault could be a second degree or third degree felony. If the defendant actually causes serious bodily injury then it is a second degree felony, if not then it is a third degree felony. The important thing to remember about assault is that not just the act of using unlawful force is criminal but also an attempt or a threat. So even if the defendant did not actually injury any one if they commit an assault and use a dangerous weapon they could still be facing a third degree felony which could be sentenced with as much as 5 years in prison and a $5,000 fine.
Weber County Violent Crimes Defense Attorney | Aggravated Assault
If you are facing violent crime charges in Northern Utah then you need an attorney right away, call Ogden Criminal Defense Lawyer for the help you need. Violent crimes are prosecuted very heavily and can be punished by serious prison time and fines. The attorneys at Ogden Criminal Defense Lawyer can help you defend yourself and make sure you get the best outcome available.
