Posts Tagged ‘Class A misdemeanor’

Utah Legal Definition: Assault

Jesse, 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.

Lying to an Utah Cop

Jesse, on the topic of  Dealing with Police
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Photo: deltaMike

Photo: deltaMike

If an Utah cop wants to ask you questions, remember that you can always refuse to answer questions.  If you do choose to talk to a cop, or the cop says that you have to speak with him because you are detained, there are a two things you cannot do.

You cannot lie to the cop about yourself.  It is a Class C misdemeanor if you give the police officer a false name, false birthdate, or false address.  If the cop asks about any of those, you should truthfully answer to protect yourself from being charged with giving false information to a peace officer.  It is a Class A misdemeanor if you represent yourself as another person to a police officer when he asks about your identity.  If you give the cop someone else’s name, birthday, or address, you can be charged with a more serious crime.

You cannot fail to disclose your identity.  It is a class B misdemeanor to refuse to give a cop your name if he demands it.  Remember, the time to fight a charge is in court, not during your police stop.

If you have been charged with giving false information to a peace officer or failure to disclose identity, contact a qualified attorney who can help defend you against this charge.

See Utah Code § 76-8-507 & 76-8-301.5