Assault & Battery

utah-assault-battery-attorney-david-laurence-altman-st-george-assault-battery-lawyerThe traditionally separate crimes of assault and battery are both combined under the Utah Code for Assault; typically, assault involves attempting to injure another, threatening to injure another or minor injury to another and is charged as a class B misdemeanor. Assault which results in serious bodily injuries is charged as a Class A Misdemeanor. In addition, Utah has special categories for assaults on pregnant women, peace officers, healthcare workers and aggravated assaults.
 

 

Utah Code §76-5-102

(1) Assault is:
(a) an attempt, with unlawful force or violence, to do bodily injury to another;
(b) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; 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.
(2) Assault is a class B misdemeanor.
(3) Assault is a class A misdemeanor if:
(a) the person causes substantial bodily injury to another; 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.

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