Aggravated and Simple Assault in Utah
In Utah, there are two major types of assault: simple and aggravated. They both involve many of the same elements that need to be proven for one to be convicted of either charge, but they differ greatly in the amount of punishment each one entails. Simple assault is a class B or A misdemeanor. Aggravated assault is a 3rd or 2nd degree felony. The difference between misdemeanors and felonies is great so anyone facing an aggravated assault charge should not hesitate to contact an Ogden aggravated assault attorney for help and guidance.
Another big difference between aggravated assault and simple assault in Utah is the means whereby the assault occurred and the effects of the assault. An aggravated assault occurs when an individual uses a dangerous or deadly weapon to carry out the assault, or the force of the assault is likely to produce death or serious bodily injury. Simple assault does not include a weapon and the physical injury is not as serious. So, a simple slap in the face would probably be a simple assault whereas a bloody beating with a bat would be an aggravated assault.
A Weapon used in an Aggravated Assault
A weapon most people would probably think used in an aggravated assault is a gun or knife. Unfortunately, Utah law defines weapon more broadly to include a host of items not usually associated with inflicting injury on another person. The definition of dangerous weapon includes the term, “any item capable of causing death or serious bodily injury.” This broad statement could be used by creative Ogden area prosecutors to say a host of items could be used to cause death or serious bodily injury. Something as simple as a cell phone could be argued to be a dangerous weapon. To keep a simple assault from being charged as an aggravated assault because someone used a “weapon,” an Ogden aggravated assault attorney will be needed.
There is Help Defending an Aggravated Assault Charge
Help is only a phone call away for those charged with aggravated assault. An Ogden criminal defense lawyer will help you if you have been charged with aggravated assault. Our attorneys know assault law and will work with the Ogden area prosecutor to ensure the best outcome is reached in your case. Call 801.823.1200 to set up your free consultation with a criminal defense lawyer today.