Minor Traffic Accident Escalates to Assault with a Vehicle

A minor traffic accident in southern Utah quickly escalated to assault with a vehicle after a driver decided he didn’t want to stay at the scene.

Fender Bender

Assault with a Vehicle

Photo by: Charles Wagner

20 year old Ethan Campbell Hansen of St. George, Utah was arrested for multiple misdemeanors as well as four felonies after being involved in a minor traffic accident during holiday festivities last week. The rear-ending accident itself was minor and would have likely ended in a traffic violation for Hansen of following too close. Unfortunately, the fender bender was just the beginning.

Traffic violation vs felony charges

Instead of waiting for police to come investigate the accident, Hansen attempted to flee. Two pedestrians were struck by Hansen’s vehicle, suffering minor injuries, while multiple others were able to get out of harm’s way. It was only then that Hansen decided to stay on scene. After authorities were able to obtain Hansen’s true identity and restrain him, he was booked into Purgatory Correctional Facility. His charges include:

• Two Class C misdemeanors for criminal mischief and leaving the scene of a pedestrian accident;

• Two Class B misdemeanor for interfering with an arrest and failing to disclose identity;

• One third degree felony for assault by a prisoner; as well as

• Three other third degree felonies for aggravated assault with a vehicle (dangerous weapon).

Assault with a vehicle

Photo by: Dean Strelau

Utah Code 76-5-103 states that “aggravated assault is an actor’s conduct that is
i. An attempt, with unlawful force or violence, to do bodily injury to another;

ii. A threat, accompanied by a show of immediate force or violence, to do bodily injury to another;

iii. An act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

That includes the use of:

i. A dangerous weapon [any item capable of causing death or serious bodily injury]”

Although no weapons were located on Hansen or in his vehicle, assault with a vehicle has the potential to cause serious injury or death and is categorized along with other weapons when used in an assault.

Go big and go to jail

Photo by: Washington County Sheriff’s Department

With four misdemeanor and four felony charges to face in court, Hansen has the potential to face over 20 years in prison and fines totaling nearly $35,000. No one is sure why Hansen chose to escalate the situation, seeing as he isn’t known to be a violent offender or have any criminal history at all; He may have been simply trying to run away from the problems he caused. Many younger adults are not educated on how to property react to intense situations and fleeing can often seem the best course of action at the time. It is imperative that they are taught the importance of staying on the scene of an accident and not expanding the situation by reacting poorly. Anyone facing charges for a minor or serious offense is encouraged to seek guidance from this point out from a qualified criminal defense attorney.

Aggravated Assault for Single Punch to the Face

Some people have the capability to do a lot of damage with a single blow and those who do may face aggravated assault following a solitary punch to the face of another person.

Aggravated assault

Punch to the Face

Photo by: Alex Southward

If a person causes a serious injury to another through the use of violence, they can face aggravated assault charges, even if the violent act was brief. Utah Code 76-5-103 states that “Aggravated assault is an actor’s conduct that is:

(i) an attempt, with unlawful force or violence, to do bodily injury to another;

(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b) that includes the use of: [weapons, choking, or]

(iii) other means or force likely to produce death or serious bodily injury.”

Aggravated assault is a third degree felony unless serious bodily injury or lack of consciousness results; at which case it becomes a second degree felony.

Serious bodily injury

When punches are thrown, there often isn’t a worry for serious bodily injury to result. This does not mean throwing punch will not have devastating results however. Most people underestimate the damage that a single blow can cause. Beyond the obvious headache that will ensue for the victim, a solitary punch to the face can cause:

• A broken nose or other facial fractures;

• Shattered teeth,

• Detached retina;

• Concussion;

• Brain hemorrhage; and even

• Death.

Some serious injuries from a solitary punch result from the act itself while other injuries transpire from the individual falling after the blow.

One punch to the face could be fatal

Death from a single punch isn’t as uncommon as one might think. There have been multiple reports in the news of a single punch to the face proving fatal. In late April, a California man visiting Las Vegas for his brother’s wedding was confronted by an individual who asked what he was looking at before delivering a single sucker punch to the face. The 45 year old father of 5 died 4 days later. One week prior to that, an Illinois teen was killed after being punched one time in the face at a party. These are just a couple of the numerous cases of death from a single punch to the face. If a single punch to the face results in death, that individual will then have to face murder charges.

Legal counsel

Never underestimate the consequences of a single blow. For those who are facing criminal charges following an assault to another person or in the case of an unexpected death following a fist fight, contact a criminal defense attorney right away to discuss what steps to take during the legal process.

New Bill Increases Penalties for Targeting a Police Officer in Utah

A new bill that increases penalties for targeting a police officer has passed the House and Senate, leaving it awaiting a signature from Utah’s governor.

Crimes against law enforcement

Photo by: David Robert Bliwas

Photo by: David Robert Bliwas

There have been numerous stories in the news lately of police officers being targeted and then injured or killed based solely on their profession. Many of these crimes against police are said to stem from the public view of law enforcement turning sour following increased occurrences of police brutality. While the instances of police brutality that have angered the public are inexcusable, so is killing or injuring a police officer just because of their job choice. This increase of danger to law enforcement is what was on the mind of Utah lawmakers when House Bill 433 was drafted.

HB433- death for cop killers?

House Bill 433 was originally intended by Representative Paul Ray, R-Clearfield to extensively punish those convicted of targeting a police officer while labeling the condemned person as a terrorist. His goal was apparently to increase penalties for those convicted and have the death penalty be a mandatory sentence for if the targeted law enforcement officer is killed. This “blue lives matter more than other lives” bill needed a few revisions such as removing the required death sentence penalty for cop killers, but has eventually been tweaked enough to make its way through the House and Senate.

Targeting a police officer – defined

Targeting a Police Officer

Photo by: BaronneVonR

The new revised HB433 has taken a step back a notch to allow prosecutors, judges, and juries to continue to be the ones responsible for deciding whether or not to seek the death penalty for cop killers. It also removes the “terrorist” label from those convicted. It now “defines [what exactly it means by] ‘targeting a law enforcement officer’’. This definition is in the new section of Utah Code (76-5-210) included in the bill. This code states: “”Targeting a law enforcement officer” means the commission of any offense involving the unlawful use of force and violence against a law enforcement officer, causing serious bodily injury or death in furtherance of political or social objectives in order to intimidate or coerce a civilian population or to influence or affect the conduct of a government or a unit of government.”

Aggravated murder

HB433 also “adds targeting a law enforcement officer to the aggravating factors for aggravated murder”. Previously, aggravated murder charges were saved for those who committed homicide under serious circumstances defined in Utah Code 76-5-202 such as: if multiple homicides occur together; a homicide that takes place after or during an episode of another heinous offense such as rape or kidnapping; a homicide that is done for payment; homicide committed by someone in custody or someone trying to escape custody; or a homicide committed by a person previously convicted of a serious offense. This section also previously stated that aggravated murder charges would ensue if the homicide victim was a public official or a police officer. HB433 redundantly added that aggravated murder charges would result if the actor committing homicide did so while targeting a police officer.

First degree aggravated assault

Photo by: marina

Photo by: marina

One big change made in HB433 that may have been missed among the superfluous information added to other sections is the changes made to Utah’s aggravated assault penalties. Utah Code 76-5-103 defines other aggravated assault behavior as conduct “that is:

(i)an attempt, with unlawful force or violence, to do bodily injury to another;

(ii) a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or

(iii) an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another; and

(b) that includes the use of:

(i) a dangerous weapon as defined in Section 76-1-601; or

(ii) other means or force likely to produce death or serious bodily injury.”

Utah Code 76-5-103 also lists the penalties for aggravated assault as a third degree felony or a second degree felony if serious bodily injury occurs to the victim. Once HB433 is signed by Governor Herbert, it will add targeting a police officer to this section of Utah Code and “[make] aggravated assault a first degree felony if a law enforcement officer is targeted.” Someone who is convicted of targeting a police officer and seriously injuring said officer could face up to life in prison because their target was a cop. Maybe blue lives really do matter more.

For more information on upcoming changes to Utah law and how it can affect your case, contact a criminal defense attorney.