Defending Against Two Pending Assault Charges

Attorney Answer

Each assault count requires the prosecution to prove you either attempted to inflict bodily injury by unlawful force, or committed an act of unlawful force that caused bodily injury or created a substantial risk of it — and if you were defending yourself or someone else, Utah law gives you a justification defense that is evaluated separately for each count.

Utah's assault statute covers attempting to inflict bodily injury using unlawful force or violence, and committing an act of unlawful force or violence that causes bodily injury or creates a substantial risk of bodily injury. Ordinarily this is a class B misdemeanor. It becomes a class A misdemeanor if the alleged victim suffered substantial bodily injury, or if the victim was pregnant and you knew of the pregnancy. Because you are facing two separate counts, each one will be evaluated on its own facts and can be classified differently.

If you acted to protect yourself or another person, Utah law recognizes that as a real defense. Force is justified when you reasonably believe it is necessary to defend against someone else's imminent unlawful force. Deadly force is justified only to prevent death, serious bodily injury, or a forcible felony. The defense has firm limits: it is generally unavailable if you provoked the confrontation, were committing a felony, or entered into combat by agreement. Utah law does not require you to retreat before using otherwise justified force.

Whether self-defense applies to your charges depends entirely on what happened — who acted first, what force was used, and whether it was reasonable under the circumstances. That is not something to sort out without a lawyer reviewing the charging documents, police reports, and witness statements.

What you can do 1. Get copies of the charging documents and police reports as soon as possible so you know exactly what each count alleges. 2. Do not write out your own account of what happened. Notes you create yourself are not protected by attorney-client privilege, can be seized or subpoenaed, and can be used to impeach you if your testimony later differs. Instead preserve the records that already exist — texts, call logs, emails, receipts, photos and location history — along with the names and contact details of any witnesses, and give your account to your attorney verbally. 3. Identify witnesses, video, or messages that support your version of events, and preserve them before they are lost or overwritten. 4. Talk to a Utah criminal defense attorney before any court date and before speaking further with investigators. 5. Do not contact the alleged victims directly about the case, especially if a protective order or no-contact condition is in place.