Posts Tagged ‘class’

Utah Misdemeanor

Utah Criminal Defense Blog, on the topic of  Crimes, Legal Process, Utah Law
0comment

A misdemeanor in Utah is generally thought of as a lesser crime, at least as it relates to felonies. However, misdemeanors should not be taken lightly because  punishments for them not only include fines, but jail time as well.  In fact, if you’re accused of a misdemeanor crime, it’s time to call an attorney, as jail time becomes a real possibility.

Misdemeanors are broken down into three classes.  Class C misdemeanors include crimes such as public intoxication, providing cigarettes to minors and driving without a valid license or on a suspended license.  Serving time in jail as a first-time offender is not usual, but it is possible depending on how your case is  presented before a judge.  Possible penalties include up to 30 days in jail, part-time imprisonment, community service and fines up to $750.

Some class B misdemeanor crimes include fighting, gambling, driving under the influence, reckless driving, shoplifting, trespassing, patronizing a prostitute, carrying a concealed weapon without a permit and resisting arrest.  The punishment for committing a class B misdemeanor involves time behind bars for up to 6 months as well fines of up to $1,000.

Class A misdemeanors are as close to a felony as one can get and carry a punishment of up to one year in jail and $2,500 in fines. Typical misdemeanor A offenses include causing injury while driving drunk, negligent homicide, threatening to injure another, criminal mischief, theft, assault on a police officer and possession of between 1 and 16 ounces of marijuana.

Spending even 30 days behind bars can have a significant impact on your life.  We understand that jail time can dramatically affect your relationship with your spouse, children or significant other.  It can also destroy your ability to provide financially for yourself or family.  This is why we’re passionate in our quest to combat overcriminalization in Utah and reduce our prison population by fighting for those that may have made a mistake or two along the way.

Utah Legal Definition: Assault

Jesse Nix, Utah Criminal Defense Lawyer, on the topic of  Utah Legal Definition
0comment

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.