Branson West Law is an experienced and dependable laywer who understands Utah aggravated assault charges and how to build a strong, strategic defense.
Understanding Aggravated Assault Charges
Branson West Law
If you’re facing aggravated assault charges, it’s essential that you understand the implications and prepare for your defense with an experienced and compassionate assault lawyer. There are important differences between simple assault and aggravated assault, and understanding your charges is the first step to protecting your rights and freedoms in court.
Aggravated assault charges involve serious bodily injury or the use of a weapon and are classified as a violent crime. Charges like these can result in fines up to $10,000 and jail time up to 15 years, along with loss of gun rights.
The serious nature of these charges and the possible consequences mean that securing appropriate legal counsel is crucial. Look for an aggravated assault lawyer in Utah who is experienced and has a proven history of defending their clients’ rights with criminal defense cases. Also pay attention to where your attorney has been practicing, since laws and defenses can vary from state to state. Finally, search for a lawyer who is compassionate and truly cares about your case.
Learn how Branson West Law can help if you’re facing aggravated assault charges.
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If you're facing criminal or DUI charges, don't wait. Branson West offers free, confidential consultations to help you understand your rights, the charges against you, and what steps to take next. With decades of experience and a deep understanding of the Utah court system, Branson provides honest, straightforward legal insight, whether you choose to move forward with him or not.
Learn More About Aggravated Assault
Aggravated assault is a felony charge that should be taken seriously. An assault charge is categorized as aggravated assault when there is a dangerous weapon involved or when the assault could result in serious injury or death of the victim.
When someone uses force or violence to attempt, threaten, or inflict serious bodily harm on another person, this is categorized as aggravated assault. If someone has harmed another person with an intent to severely injure them, this also classifies as aggravated assault. Aside from the use of weapons, another common element in aggravated assault cases is impeding the breathing of the victim.
In some cases, it may be difficult to understand the difference between assault and aggravated assault. A few examples of aggravated assault include:
- Threatening someone with a dangerous weapon such as a gun
- Strangulation
- Domestic violence
- Assault that causes permanent disfigurement
- Assault that causes long-term loss of function in any body part
While simple assault results in bodily injury and short-term impairment, aggravated assault causes longer-term consequences related to the victim’s injuries and therefore carries harsher consequences.
Punishments for aggravated assault vary. The primary element considered is the severity of the injury caused. Depending on the severity of the case, punishments for aggravated assault can be up to 15 years in prison and $10,000 in fines. These charges also often result in loss of gun rights.
Simple assault charges are misdemeanor charges, but aggravated assault is always charged as a felony. The felony class will depend on the situation. If the victim has serious bodily injury as a result of the assault, the charge will be for a second degree felony.
If no serious bodily injury is sustained and the charge is for a third degree felony, potential punishments can include:
- Up to $5,000 in fines
- Up to 5 years in prison
Second degree felony charges can result in:
- Up to $10,000 in fines
- 1 to 15 years in prison
Of course, neither of these outcomes is desirable or affordable. Get help to protect your freedoms. Hire an experienced assault lawyer to properly prepare.
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Frequently Asked Questions
The Miranda rights for each citizen and non citizen are guaranteed by the United States Constitution. They are not required to be issued by police at the time of arrest. If this happens, your attorney may ask that any statements made to the police not be used against you in a Utah Court.
These rights include:
- the right to remain silent
- the right to a lawyer present while you are questioned
- the right to an appointed lawyer if you cannot afford one.
An arrest can be frightening and stressful. Don't hesitate to call {phone} for a free and confidential consultation or to get all your questions about your rights answered.
Even if your significant other does not testify, there can still be a case against you. If they refuse to testify, they become unavailable witnesses, but their previous statements can still be used against you. If they filled out a report on the date of your arrest, that report can be entered against you, and may be worse than if they testified at your criminal trial.
Unfortunately, the victim does not represent the government or Utah Courts. Although they are required to consider the victim's circumstances and wishes, the prosecutors ultimately represent the people of Utah and the respective cities--not the victim. They are not paid by, nor do they represent the victim, or the police, for that matter. Even if the victim, or any other involved individual wanted the prosecutor to drop a case, the decision to do so still belongs to the prosecutors.
Unfortunately, providing character witnesses won't convince a prosecutor to drop your criminal or DUI charges. Most people can find someone to vouch for them if it comes down to it. Whether or not you are a good person is not the question. You may be a valuable contributor to society, but that ultimately will not matter to the prosecutor. Their job is to evaluate the evidence and get a conviction where possible. Save your breath and hire an experienced criminal defense attorney!
This is something I hear all too often. Sometimes well-meaning cops make mistakes and sometimes they let their emotions get the best of them. Either way, this is a great reason for a criminal defense trial in Utah. Just because they said you did something, doesn't make it true! Assert your rights and fight for the truth at your trial! You would be surprised how often a jury won't believe a policeman. Do they face consequences for lying? Not unless you fight them. Make them come to court and defend their lies. You have a right to testify, if you choose, and your word is just as valuable as theirs!
