Assault with a Deadly Weapon in Utah

Stone River Law – Criminal Defense Team

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The phrase, โ€œassault with a deadly weaponโ€ is not specifically mentioned in Utahโ€™s criminal code, or when charges are brought against someone. However, if a deadly or dangerous weapon is used during an assault it can result in more serious felony aggravated assault charges.

What is assault with a deadly weapon?

Utah Criminal Code section 76-5-103 states that when a person uses a dangerous weapon to threaten, attempt, or commit an act with unlawful force or violence that causes bodily injury to another person, this act qualifies as aggravated assault.

A deadly or dangerous weapon would include guns and knives, but could also extend to the use of other items, such as:

  • Hand tools (hammers, wrenches, etc.)
  • Golf clubs or a baseball bat
  • Broken bottles
  • Swords
  • Axes
  • Brass knuckles

Whether an item is classified as a deadly or dangerous weapon may depend on the context it is used in. This could include the degree of force used with the weapon, whether self-defense or defending others was a factor, or if the weapon and assault inflicted serious bodily injury on the victim.

The Utah Criminal Code defines serious bodily injury as bodily injury โ€œthat creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.โ€

What are the penalties for assault with a deadly weapon?

An assault with a deadly weapon that is charged as aggravated assault can be very serious. Aggravated assault in Utah is generally charged as a third-degree felony. However, if an aggravated assault actually results in serious bodily injury or causes a person to become unconscious, charges may be elevated to a second-degree felony. Additionally, if an aggravated assault is directed towards a police officer and causes them serious bodily injury charges may be raised to a first-degree felony.

Any level of felony conviction is serious, and can result in costly monetary fines and a lengthy prison sentence. A felony conviction can also lead to the loss of various rights and privileges, including the ability to own a gun. When facing charges for using a deadly weapon during an aggravated assault it is critical that you have the right attorney to represent you, ensuring that the best possible outcome is reached. A skilled attorney will identify the most effective defense strategy for your case, whether it’s asserting self-defense, defense of others, or challenging the evidence regarding the use of a deadly weapon or the occurrence of an assault.