Utah Assault and Aggravated Assault Charges: Misdemeanor vs. Felony, Penalties, and Defenses
General information, not legal advice. Read the full disclaimer.
Short answer: Under Utah Code § 76-5-102, a person commits assault by (a) attempting, with unlawful force or violence, to inflict bodily injury on an individual, or (b) committing an act, with unlawful force or violence, that causes bodily injury or creates a substantial risk of bodily injury. Assault is a class B misdemeanor, or a class A misdemeanor if the actor causes substantial bodily injury or the victim is pregnant and the actor knows it. Aggravated assault (§ 76-5-103) is the same kind of conduct plus the use of a dangerous weapon or a motor vehicle, an act that impedes breathing or blood circulation (pressure on the neck or throat, or blocking the nose, mouth or airway), or other means likely to produce death or serious bodily injury. It's a third degree felony, a second degree felony if it results in serious bodily injury (or loss of consciousness from strangulation), and a first degree felony if it involves targeting a law enforcement officer and results in serious bodily injury.
Who this guide is for
Utahns charged with, or victims of, assault or aggravated assault — including in Utah County and Juab County — who want to understand the charges and what changes the level.
Assault (§ 76-5-102)
- Conduct: attempted or actual unlawful force or violence causing bodily injury, or creating a substantial risk of bodily injury.
- Class B misdemeanor by default: up to six months in jail and a $1,000 fine as maximums.
- Class A misdemeanor if substantial bodily injury results or the victim is pregnant and the actor knew: for an offense under Title 76, Chapter 5, up to one year in jail and a $2,500 fine as maximums (§ 76-3-204(1)(b)(i), with listed exceptions at 364 days).
- Serious bodily injury isn't a defense — causing more serious injury doesn't make it a lesser charge (§ 76-5-102(4)).
- Chokeholds are excluded when part of consensual training or sport like martial arts or wrestling (§ 76-5-102(5)).
Aggravated assault (§ 76-5-103)
The prosecutor must show the base conduct (attempted force, a threat with a show of immediate force, or an act causing or risking injury) and at least one aggravating feature:
- use of a dangerous weapon or a motor vehicle;
- strangulation or suffocation conduct (pressure to the neck or throat, or obstructing the nose, mouth or airway) that intentionally or knowingly impedes breathing or blood circulation; or
- other means or force likely to produce death or serious bodily injury.
| Result | Degree |
|---|---|
| Aggravated assault generally | Third degree felony (fine up to $5,000) |
| The act results in serious bodily injury, or strangulation causes loss of consciousness | Second degree felony (fine up to $10,000) |
| Conduct that is targeting a law enforcement officer and results in serious bodily injury | First degree felony |
Domestic violence enhancements
Assault against a spouse, partner or household member can be charged with a domestic violence designation, which carries separate consequences such as protective orders and firearm restrictions. See Utah Domestic Violence Charges, How to File for a Protective Order in Utah and What Happens When a Utah Protective Order Is Violated.
Defenses and issues (for your lawyer)
- Self-defense or defense of others — a justification defense that depends on the facts.
- Identity or credibility — misidentification, conflicting accounts, intoxication of witnesses.
- No unlawful force or injury — accidental contact, no "bodily injury."
- Level of injury — whether injury is "substantial" or "serious" as the law defines.
- Consent or mutual combat — limited and fact-dependent.
- Procedural issues — how statements were obtained. See Understanding Miranda Rights.
What happens procedurally
A misdemeanor assault is usually filed in a justice court (class B and C misdemeanors) or district court (class A and felonies, depending on the prosecuting agency). See Utah Arraignment, Utah Preliminary Hearings, Utah Bail and Pretrial Release, Utah Plea Bargains and How Utah Sentencing Works. Local specifics: Utah County Criminal Cases and Juab County Criminal Cases.
If you're a victim
You can report to police, seek a protective order if you qualify, and pursue a civil claim for injuries. See Utah Personal Injury Damages.
Frequently asked questions
Is assault a felony in Utah?
Simple assault is a misdemeanor. Aggravated assault is a felony.
What makes assault "aggravated"?
A dangerous weapon, a motor vehicle, strangulation conduct, or other means likely to cause death or serious bodily injury.
Can a victim drop the charges?
In Utah the prosecutor decides whether to continue; a victim's wishes matter but don't control.
What is the penalty for a class A misdemeanor assault?
Up to one year in jail and a $2,500 fine as maximums for an offense under Title 76, Chapter 5.