Knowledgeable Utah Battery Attorney
Legal definitions of "assault" and "battery" differ from state to state. Basically, in Utah, an assault is committed when you threaten to hit or harm someone. Battery is committed when you actually do hit or harm someone.
We are attorneys Greg Smith (former prosecutor) and Associates and we can defend you with passion and purpose if you are charged with either of these crimes. We have experience with statutes dealing with assault and battery; we will diligently protect your presumption of innocence and begin to defend you against the charges immediately.
More about assault and battery
Assault can be the threat to harm another individual, or to "create a fear in a person that violence is imminent." Assault can be a misdemeanor or a felony. Aggravated assault is committed with a deadly weapon - a knife, gun, car or anything else that could cause harm — and is punishable by serious prison time.
Battery is an actual physical attack. There are three main types of battery charges:
- Domestic violence battery — committed by one spouse or cohabitant upon another
- Aggravated battery — an intentional act using a deadly weapon, which caused great bodily harm or permanent disfigurement
- Felony battery — committed by someone who has a prior battery conviction, or is committed against a "protected class" of people like police, firefighters or nurses. This is an automatic felony with severe punishments.
Mitigating circumstances
We have excellent reputations with prosecutors and engage them in reasonable negotiations on your case. Our credibility goes a long way in helping them understand that the situation may not have been black and white. There may be circumstances that could be leveraged to achieve a pretrial motion to reduce or dismiss charges. We work to understand the circumstances surrounding your assault charges and will ask such questions as:
- Was our client provoked or severely taunted? How?
- Was the person provoking our client a known bully?
- How much blame does the victim bear?
- Was our client off medications?
- Was the assault as severe as reported, or did the victim exaggerate their injuries for effect?
All these aspects and more can be discussed with prosecutors before trial in a cooperative and professional way, not an adversarial one. Over the years, we have earned the trust of other lawyers, and this is important in plea negotiations and often results in more favorable outcomes for our clients.
Serious charges require high-quality legal representation
If you are charged with assault, battery or both, you may be facing fines, prison, stress for your family and the loss of your reputation. We will leverage our experience and knowledge to defend you and to produce a positive outcome in your case. Contact attorneys Greg Smith (former prosecutor) and Associates today for a no-cost consultation and an honest assessment of your case.
Clients with disabilities or impairments
Access to our office is available to clients and their family members at all times. Special equipment and communication devices are available upon request for our clients with visual, hearing, speech and physical impairment. In addition, arrangements can be made for verbal or sign language interpreters if needed to communicate between our attorneys and the client and family. Please notify our law office if any additional accommodations related to your disability or impairment are necessary to make your consultation more comfortable.
