Utah Code 76-5.102.3: Offenses Against The Person- Assault And Related Offenses –Assault Against School Employees.What Must Support Personnel Do In These Circumstances?• You must write a referral, which is the formal complaint. You may also press criminal charges, but this is not required. Different Levels of AssaultIn Utah, an assault charge can range from a Misdemeanor B to a 2nd Degree Felony. Possible Penalties for an Assault Conviction: Assault: Action RequirementEven though contact is not generally necessary for an assault offense, a conviction for assault still requires a criminal “act”. The types of acts that fall into the category of assaults can vary widely, but typically an assault requires an overt or direct act that would put the reasonable person in fear for their safety. Spoken words alone will not be enough of an act to constitute an assault unless the offender backs them up with an act or actions that put the victim in reasonable fear of imminent harm. Assault: Intent RequirementIn order commit an assault an individual need only have “general intent.” What this means is that although someone can’t accidentally assault another person, it is enough to show that an offender intended the actions which make up an assault. So, if an individual acts in a way that’s considered dangerous to other people that can be enough to support assault charges, even if they didn’t intend a particular harm to a particular individual. Moreover, intent to scare or frighten another person can be enough to establish assault charges, as well. Although the statutes defining battery will vary by jurisdiction, a typical definition for battery is the intentional offensive or harmful touching of another person without their consent. Under this general definition, a battery offense requires all of the following: Battery: Intent RequirementIt may come as some surprise that a battery generally does not require any intent to harm the victim (although such intent often exists in battery cases). Instead, a person need only have an intent to contact or cause contact with an individual. Additionally if someone acts in criminally reckless or negligent manners that result in such contact, it may constitute an assault. As a result, accidentally bumping into someone, offensive as the “victim” might consider it to be, would not constitute a battery. Battery: Action RequirementThe criminal act required for battery boils down to an offensive or harmful contact. This can range anywhere from the obvious battery where a physical attack such as a punch or kick is involved, to even minimal contact in some cases. Generally, a victim doesn’t need to be injured or harmed for a battery to have occurred, so long as an offensive contact is involved. In a classic example, spitting on an individual doesn’t physically injure them, but it nonetheless can constitute offensive contact sufficient for a battery. Whether a particular contact is considered offensive is usually evaluated from the perspective of the “ordinary person.” Some jurisdictions have combined assault and battery into a single offense. Because the two offenses are so closely related and often occur together, this should probably come as no surprise. However, the basic concepts underlying the offense remain the same. What Are The Different Types Of Misdemeanor Offenses In Utah?Practically every jurisdiction makes a distinction between felony and misdemeanor crimes in criminal law. While felony status is accorded to more serious offenses, misdemeanors denote a relatively lesser offense. Some crimes can even wobble between felony and misdemeanor levels depending on the severity of the situation. Under Utah law, there are several classes of misdemeanors to cover different types of prohibited conduct. Penalties For A MisdemeanorUtah’s criminal law system sets out a maximum sentence for a misdemeanor crime. A person convicted of a misdemeanor, regardless of class, can be remanded to the county jail for a maximum time of one year. In contrast, convictions for one or more felonies can land a defendant in prison for a number of years. Courts can also impose a fine for certain misdemeanor violations. Assault Class C MisdemeanorsClass C crimes are the least serious of the misdemeanor level offenses. As example, of Class C an offense includes drinking in public or careless driving. Per law, Class C convictions can result in a jail sentence of 90 days or less. A court can also impose fines amounting to $750 or less in addition to jail time. Assault Class B MisdemeanorsIn Utah, a Class B misdemeanor is the middle ground for this level of offenses. Examples of Class B crimes include prostitution or gambling. A person convicted of this type of misdemeanor can face a maximum of six months in a county jail. He or she can also be required to pay $1,000 or less in fines. Other Types Of Assault OffensesA crime most citizens are probably most familiar with is the infraction. Most types of tickets (traffic or parking) are considered infractions. An infraction is an offense that is less serious than a misdemeanor. Infractions are also not punishable by jail time. In Utah, an infraction can be punished by a fine not exceeding $750. Some courts will also allow a defendant to complete community service to satisfy the fine. Utah Criminal Code LawyerWhen you need a criminal lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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