Utah Assault with a Deadly Weapon Attorney

Assault with a Deadly Weapon Lawyer in Salt Lake City

Assault with a deadly weapon is a very serious charge in Utah. Assault and Battery cases in Utah require an experienced attorney. You can call us now at 801-364-6454, and we can likely talk to you, or return you call very quickly. We have handled thousands of cases, and we will fight very hard to get you justice, and preserve your rights.

First, you must know what an assault is, which is found in the Utah Code, Section 76-5-102. Our comments are in [brackets like this].

• (1) Assault is:
• (a) an attempt, with unlawful force or violence, to do bodily injury to another [like swerving at another driver with your car, but not hitting him];
• (b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another [like cocking your fist back, as if you are ready to strike a person]; or
• (c) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another [like swinging a tire iron at somebody].
• (2) Assault is a class B misdemeanor.
• (3) Assault is a class A misdemeanor if:
• (a) the person causes substantial bodily injury to another [the word "substantial" is a hotly debated word]; or
• (b) the victim is pregnant and the person has knowledge of the pregnancy.
• (4) It is not a defense against assault, that the accused caused serious bodily injury to another.

Utah Criminal Code – Aggravated Assault
76-5-103. Aggravated assault.

• (1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he:
• (a) intentionally causes serious bodily injury to another [we have seen this charged when only a couple of bruises were left]; or
• (b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon as defined in Section 76-1-601 or other means or force likely to produce death or serious bodily injury.
• (2) A violation of Subsection (1)(a) is a second degree felony.(3) A violation of Subsection (1)(b) is a third degree felony.

Assault with a Deadly Weapon:

An aggravated assault in which the defendant, controlling a deadly weapon, threatens the victim with death or serious bodily injury. And this can be just about anything.

If you are convicted you could go to jail or prison, pay substantial fines, lose your job, have a hard time finding a future job, lose your gun rights, rights to travel, etc.

Why you may be innocent:

• You were coming to the aid of another.
• The facts have been exaggerated, or they are just wrong.
• You were defending yourself.
• The conduct or statements of the "victim" invited what you did. In other words, "he asked for it", or "he had it coming". (This defense must be used with great caution).

What we do to help:

• Visit your loved one in jail – often the same day we are hired.
• Jump on the case early, and set you up with investigators to interview key witnesses. This is essential because the witnesses may not have been truthful with the police, or they may have been misunderstood. Also, the police report may be incomplete or biased (some officers are not good writers, or simply are out to get the accused).
• Call the contacts we have to get bail eliminated, or reduced. Of course, the Client, or his loved ones, have to pay the bail amount.
• Stay in good contact with you.
• If needed, set up a lie-detector test.
• Research all relevant laws, and if appropriate, file a motion to dismiss the case.
• Show the court what provoked you, and the history of you and the victim.
• Explain to the Court what your mental state was, and the medications that you may have been on, and the stress that you were under.
• Show the Court your good character through letters, your employment history, community service, etc.