Whether it is a minor disagreement or a serious confrontation, individuals in Utah get into arguments all the time. When emotions run high, it is not unheard of for individuals to begin throwing around accusations of wrongful — and in some cases illegal — behaviors. One crime that may be alleged is assault.
According to Utah Criminal Code section 76-5-102, a person commits assault when he or she tries, through unlawful forceful or violent actions, to injure another. Assault also occurs when an individual actually does, through unlawful forceful or violent actions, injure another.
In general, assault will be considered a class B misdemeanor. However, there are situations in which an act of assault will rise to a class A misdemeanor. This will happen when an individual causes another individual to suffer “substantial” bodily injury or if the alleged victim is pregnant and the accused knew the alleged victim was pregnant.
If you are accused of assault, it is important to determine what defenses you have against such allegations. A Utah criminal defense attorney may be able to explain more about defenses to assault. Assault in Utah is considered a violent crime. While it may not give rise to the level of other violent crimes such as battery or homicide, it still can have long-lasting negative consequences. No one wants to be charged with a crime, so if someone is accusing you of assault, it is important to wage a strong defense. After all, it is up to the prosecution to prove the elements of a crime beyond a reasonable doubt. If this burden of proof cannot be met, an individual cannot be found guilty.