Utah Criminal Code 76-5-102.4: Assault Against Peace Officer Or A Military Service-Member In Uniform–Penalties1. As used in this section: 2. A person is guilty of a class A misdemeanor, except as provided in Subsections (3) and (4), who: commits an assault or threat of violence against a peace officer, with knowledge that the person is a peace officer, and when the peace officer is acting within the scope of authority as a peace officer; or commits an assault or threat of violence against a military service member in uniform when that service member is on orders and acting within the scope of authority granted to the military service member in uniform. Battery Against a Peace OfficerBattery against a peace officer involves causing injury to a law enforcement officer (or, in some states, attempting to or threatening to cause injury) Battery against a peace officer involves causing injury to a law enforcement officer (or, in some states, attempting to or threatening to cause injury) . It is treated as a very serious crime. Many states have specific and harsh penalties that apply to battery against a peace officer. Injuring or attempting to injure someone may be called a “battery” or an “assault,” depending on how the state uses these terms. Traditionally, the crime of battery was committed if a person caused actual injury to another, and the crime of assault was committed if a person threatened or attempted to cause injury. Although some states still recognize separate crimes of assault and battery, most states use either the crime of assault (the injury is an assault; a threatened or attempted injury is attempted assault), or the crime of battery (the injury is a battery; a threatened or attempted injury is attempted battery). The Name of the CrimeAs explained, states have singled-out assaults (or batteries) against peace officers for special treatment, but they don’t always write separate laws for these situations. In states that do write separate laws, there is a stand-alone crime called “battery against a police officer;” other states will have a crime called “assault against a peace officer.” But some states have not written separate statutes for this situation–instead, prosecutors charge the general assault or battery crime, but if the defendant is convicted, he or she will face a stiffer penalty than usual. The name of the crime is not important; the type of behavior prohibited by the law is what is important. Proving Battery Against a Peace OfficerGenerally, in order to convict a person of the crime of battery against an officer the prosecutor must show that the defendant: Punishment for Battery Against an OfficerPunishment varies greatly from state to state and depends in part on the circumstances of the crime. Elements of the CrimeAs with other crimes, the prosecution must prove certain elements in order to get a conviction for battery against an officer. These elements include the following (state laws may organize and word these elements differently): Some jurisdictions require that the officer suffer actual injuries in order to get a conviction for battery against a peace officer. But other statutes only require proof of a threat or attempt of battery, or classify varying degrees of the offense. For example, Utah law imposes more serious charges with a possible prison sentence of up to three years when “an injury is inflicted” upon the victim. Generally, an injury as minor as a scrape or bruise is sufficient. But the infliction of “serious bodily injury” defined by Utah law to include things like broken bones, loss of consciousness, and serious disfigurement will most certainly result in a longer prison sentence upon conviction. Peace Officers and Official DutiesStatutes that prohibit acts of battery committed against police officers typically refer to “peace officers” in general. Most states define peace officers to include search and rescue personnel, park rangers, prison guards, university campus police, and others whose job it is to maintain the public peace. State laws also may include service processors, ER doctors and nurses, firefighters, and even lifeguards in that category. Peace officers perform their “official duties” by carrying out a job duty, regardless of whether they are on the clock. For instance, an off-duty officer out with some friends who witnesses a crime in progress and intervenes by showing her badge and calling for back up is performing her official duties. It’s also important to understand that an officer making an illegal arrest is still performing his official duties with respect to the law. For example, punching a police officer for illegally harassing someone is still punishable as a crime under these laws. Sentencing and PunishmentCharges and sentences for this crime vary quite a bit from one state to the next, but often include incarceration (and probation), in addition to steep fines and restitution to the victim. States without a standalone statute for battery against an officer typically provide for enhanced charges when a peace officer is the victim of assault or battery. For example, a second-degree misdemeanor charge for assault may be upgraded to a first-degree misdemeanor. Utah law imposes a minimum five-year prison term (and up to 30 years, plus 30 years probation and a $10,000 fine) for anyone convicted of aggravated battery (causing great bodily harm) of a law enforcement officer, classified as a first-degree felony. General battery (not causing great bodily harm) against an officer is charged as a third-degree felony in Utah, punishable by up to five years in prison, five years probation, and a $5,000 fine. The lightest sentence under this statute is six months to one year in county jail for assault against a peace officer, charged as a first-degree misdemeanor. Why is it a More Serious Crime to Assault a Peace Officer?It is the duty of peace officers to keep peace and protect the public. The monetary penalties for assault are usually greater and jail time is more inevitable when the victim is a peace officer. Several states extend the harsher sentences to defendants that assault, not just peace officers, but other peacekeepers and/or first responders as well. Individuals that work in other fields that may be considered peacekeepers and/or first responders can include: Getting Legal Advice and A Criminal Defense LawyerIf you are charged with battery against an officer, you should contact a criminal defense attorney as soon as possible. Battery against an officer is a serious crime and conviction can result in probation, time in jail, or even a prison sentence, not to mention fines, and a criminal record. A local criminal defense attorney will know not only the laws in your particular state, but will also be able to tell you how your case is likely to be treated in court. An attorney will be able to help you navigate the court system and, hopefully, achieve the best outcome in your case. Criminal Defense LawyerWhen you need legal help with a criminal case in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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