Posts Tagged ‘Assault’

Assault in Utah Car Ends in Arrest

Jan
16
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer
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You may not think that getting into a car with a friend is a concern, but you never know when things can take a turn for the worse and end in aggravated assault. A recent car ride in Utah took a downward turn when the front seat passenger allegedly began assaulting the driver. Strangely, the alleged assault on the driver took place while the car was moving. (A word to the wise: if you have a problem with the driver of a car you’re riding in, don’t attack him while the car is in “drive.”)

Don’t Bother the Driver

Apparently, a woman was driving two male passengers to another person’s home when the front seat passenger put the woman in a headlock and starting hitting her. At that point, the man in the back seat asked to be let out of the car. The altercation continued in the front of the car when the woman pulled out a knife and stabbed the man allegedly attacking her. At some point the driver stopped the car and the men ran off to find help.

Assault Followed by Arrest

The driver’s woes didn’t end there. When she got out of her vehicle she was hit by another car. Both injured people were treated at the hospital, where law enforcement also found some type of illegal substance in the woman’s purse. She was arrested for investigation of aggravated assault, possession of a deadly weapon and carrying a controlled narcotic substance. The passenger who allegedly attacked the driver hasn’t been charged at this point.

Charges for Aggravated Assault

When a person commits assault with a dangerous weapon, it is considered aggravated assault and is a third-degree felony. However, if the assault ends in serious bodily injury it is a second-degree felony. Possession of a deadly weapon with intent to assault is generally a class A misdemeanor.

Don’t Wait to Call an Attorney

When you are involved in any type of dispute with another person and you’re arrested, it’s important that you contact a Utah criminal defense attorney. He will be able to help sort out both sides of the story and make sure that you aren’t railroaded into taking all the blame. After all, it generally takes two to have an argument. Call an attorney today and get started on the path to justice.

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Former Coach Enters Plea in Abeyance

Oct
07
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Question
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A former Utah high school coach recently entered a plea in abeyance for the assault of a student after originally being charged with child abuse, a class A misdemeanor. Steve North used to be the head football coach at Wasatch High School, but after being placed on leave following the incident his contract was not renewed.

Photo: Gordon Joly

Assault is a class B misdemeanor and can be defined as:

• Using unlawful force or violence in the attempt to do bodily injury to someone;
• Threatening to injure someone and accompanying that threat with a show of force or violence; or
• The actual act of injuring someone.

What is a Plea in Abeyance?

A plea in abeyance takes your plea and holds it in abeyance, which is a fancy term that essentially means the court sets the plea on a “shelf” instead of entering the plea in the court record for a certain time period. If you don’t have any criminal convictions during the time period specified and you comply with the terms of the plea in abeyance agreement, then the charge can be dismissed.

A plea in abeyance agreement includes whatever terms both the prosecution and the defense agree to. Some of the stipulations may include attending anger management training, paying fines and/or restitution, etc.

Why a No-Contest Plea?

A no-contest plea has the same legal effect as a guilty plea. Pleading no-contest is admitting that there is evidence that could convict you of the charge(s) against you. Some people prefer entering a plea of no-contest in a criminal case because a no-contest plea cannot be used as evidence of guilt in a civil case.

Do Yourself a Favor and Hire an Attorney

Hiring a Utah criminal defense attorney is vital regardless of what type of criminal case you’re involved in, because he can carefully advise you of the benefits and drawbacks of entering various pleas. Don’t hesitate to contact a reputable attorney who will defend you with vigor.

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Utah Man Facing Aggravated Assault Charge

Sep
28
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Utah Crime News
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Christopher Michael Burch has been charged with aggravated assault after allegedly stabbing a clerk at the Little America hotel last week. Burch reportedly came into the hotel lobby shortly after a fire alarm went off in the hotel and told a woman she would want to leave [the premises]. Burch apparently then approached the front desk where the clerk asked for his room number, which Burch said he couldn’t remember. The clerk checked Burch’s identification and told him there was no one by Burch’s name staying in the hotel.

At that point, Burch supposedly reached across the counter and hit the clerk in the face. The clerk was cut and bleeding and reported that he saw a knife in Burch’s hand and then ran back into another room. Other witnesses stated that they saw Burch throw some type of statue through a hotel gift shop’s window.

Burch was apprehended in the hotel parking lot carrying a knife with a blood on its blade. He was also charged with criminal mischief, assault and interfering with an officer. The various charges carry a variety of penalties. Interfering with an officer and assault are class B misdemeanors, while aggravated assault is a third-degree felony and criminal mischief is a class A misdemeanor.

While Burch’s alleged actions were wrong, there is likely more to his story than we know of at this point. We hope Burch will take the time to hire a skilled Utah criminal defense attorney to represent him with the myriad charges he is facing. If there are any extenuating circumstances, a qualified defense attorney can work to see that those conditions are taken into account. When you are involved in any criminal proceedings, it is always worth finding the right attorney to help you during your difficult time.

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Alleged Assault on Cop

Sep
15
Utah Criminal Defense Blog, on the topic of  Utah Crime News
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An assault can occur by anyone, upon anyone, regardless of a person’s education or knowledge of the law. A Utah prosecutor is on paid administrative leave while he’s being investigated for the alleged assault of a police officer. Greg Lamb, a Uintah County prosecutor, has been accused of assaulting Vance Norton, a Vernal police detective, while the two were attending a recent training retreat. Witnesses say that Lamb had been drinking prior to the alleged attack, but a motive for the attack is unknown.

What is Assault?

Photo: Rob

Assault is:

• an attempt, with unlawful force or violence, to do bodily injury to another;
• a threat, accompanied by a show of immediate force or violence, to do bodily injury to another; or
• an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.

Charges for Assault

An assault that fits into the above categories is a class B misdemeanor. If the accused causes substantial injury to a person or if a victim of assault is pregnant and the accused knows of the pregnancy, the assault charge is increased to a class A misdemeanor.

Aggravated assault raises the charge to a third-degree felony if the accused uses a dangerous weapon or other means or force likely to produce death or serious bodily injury. If serious bodily injury occurs to the victim, the charge will increase to a second-degree felony.

Penalties for Misdemeanors and Felonies

The penalties for misdemeanors are:

• class C—up to 90 days of incarceration;
• class B—0-6 months in jail;
• class A—up to 1 year in jail.

Felonies may carry the following punishments:

• third-degree—0-5 years in prison;
• second-degree—1-15 years in prison;
• first-degree—5 years to life in prison.

Call a Utah Criminal Defense Attorney First

If you are arrested, make your phone call count by contacting an experienced Utah criminal defense attorney first. Don’t talk to police or make any statements. Hire an attorney and let him use his knowledge to give you the best defense possible.

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Alleged Assault and Retail Theft Land Utah Man in Jail

Aug
04
Utah Criminal Defense Blog, on the topic of  Alcohol in Utah, Dealing with Police
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A Utah man was arrested Tuesday under suspicion of assault on a police officer, retail theft, interference with arrest and open container violations. The man walked into a convenience store, picked out two containers of beer and told the clerk he was taking the beer with him and that police could find him at a park around the corner. As strange as that may seem, the man actually did go to the park and wait for the police to arrive.

Photo: Paul Joseph

When the first police officer arrived, the man challenged him to a fight. By the time the second officer came on the scene, the man allegedly tried to punch both officers. After a struggle, the officers took the man into custody.

Assault on a police officer is generally a class A misdemeanor, while interference with arrest is a class B misdemeanor. The possible penalties include spending up to a year in jail on an assaulting a police officer charge, and zero-six months in jail for interfering with an arrest. Retail theft can be anything from a class B misdemeanor to a second-degree felony, depending on the value and type of property stolen and whether the individual has any prior theft convictions. An open container violation is a class C misdemeanor and can carry a jail sentence of up to 90 days.

Whether or not the man was inebriated before allegedly stealing the beer is unclear. However, this true story should remind each of us of a few good rules to live by:

• Don’t drink too much alcohol. If you don’t determine what your limit is, law enforcement may do it for you.
• If you are going to drink beer, or anything else, pay for it before you leave the store.
• If you find yourself in a sticky situation with police, don’t attempt to assault them. Actually, don’t say or do anything. If they want to arrest you, go along quietly.
• When all is said and done, if you’re facing criminal charges, contact a reputable Utah criminal defense attorney immediately. Don’t compound earlier mistakes with further lapses in judgment. Do yourself a favor and get the legal help you need.

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Posted in Alcohol in Utah, Dealing with Police | No Comments »

Utah Woman Hits Police Officer with Barbed Wire

Jul
28
Utah Criminal Defense Blog, on the topic of  Hiring a Lawyer, Humor
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On July 4, Kyla Felix decided she’d rather jump in an irrigation canal than be arrested by police. Apparently, police had a warrant for Felix’s arrest and were trying to locate her when one officer found her in an irrigation canal. The officer told her to get out of the canal, and eventually she did, but then she jumped back in. The officer finally got in the water to fish her out, at which point she allegedly began hitting him with a piece of barbed wire. The officer was able to get Felix out of the water, calm her down and wait for additional officers to arrive.

Photo: Gilles Douaire

Felix is facing several charges from the July 4 incident, as well as charges stemming from the issuance of the warrant. She is charged with assault on a police officer, a class A misdemeanor, and interfering with an arresting officer, a class B misdemeanor. A class A misdemeanor carries a potential penalty of up to one year in jail, while conviction of a class B misdemeanor can send a person to jail for up to six months.

Everyone has difficult days, though it seems as though some people’s days are a little harder than the next guy’s. Your best bet when facing arrest by law enforcement is to calmly go along with the officer and not make any more problems for yourself or the police, even if you believe the arrest is inappropriate. Don’t discuss your situation with police, just take your opportunity to talk to an attorney—and don’t hit an officer with anything, not even barbed wire, no matter how upset you might be.

Find a qualified Utah criminal defense attorney who you can tell your side of the story to. He will be able to communicate with law enforcement and keep you from potentially getting into further trouble. Use your rights, keep silent and get an attorney who will be on your side.

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Utah Legal Definition: Assault

Oct
22
Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Utah Legal Definition
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Assault in Utah is attempting to do injure to another person, making a threat to another person and immediately showing that you can back up your threat (usually showing a weapon),  or actually injuring  another person.  This statute is broad so that it can encompass almost anytime a person tries to injure another person.  Simple assault is a Class B misdemeanor.  It can become a Class A Misdemeanor if the victim is actually injured or the victim is pregnant.

An simple assault becomes an aggravated assault in Utah if the person intentionally causes injury or uses a dangerous weapon.

Utah Code § 76-5-102: Assault
(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.

Utah Code § 76-5-103: Aggravated assault
(1) A person commits aggravated assault if he commits assault as defined in Section 76-5-102 and he: (a) intentionally causes serious bodily injury to another; or (b) under circumstances not amounting to a violation of Subsection (1)(a), uses a dangerous weapon … or other means or force likely to produce death or serious bodily injury.

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