An aggravated assault (domestic violence) is a 3rd degree felony unless the victim suffers a, in which case it can be charged as a 2nd degree felony.
The accused commits an aggravated assault (domestic violence) when they commit an assault and use:
3rd degree felony: A fine not to exceed $5,000, plus a 90%
(Utah Code Ann. §76-3-301(a)(b), Utah Code Ann. §51-9-401)
2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)
The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)
3rd degree felony: A term of imprisonment not to exceed 5 years.
(Utah Code Ann. §76-3-203(3))
2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))
Enhancement: If the Utah Courts find that a dangerous weapon was used in the commission
of a felony, the minimum sentence will be increased by one year. (A minimum sentence of 0 years becomes
a minimum of 1 year). Additionally, the maximum sentence for a 2nd or 3rd
degree felony may be increased by 5 years.
(Utah Code Ann. §76-3-203.8(2))
Because of the unique and highly emotional nature of domestic violence crimes, the high recidivism
rate of violent offenders, and the demonstrated increased risk of continued acts of violence subsequent
to the release of an offender who has been arrested for domestic violence, it was the finding of the
Utah Legislature that domestic violence crimes, are crimes for which bail may be denied if there is
substantial evidence to support the charge, and if the court finds by clear and convincing evidence
that he alleged perpetrator would constitute a substantial danger to an alleged victim of domestic
violence if released on bail.
(Utah Code Ann. §76-6-2.5(12))
In addition to penalties otherwise provided by law, the court may:
The court will:
A defendant convicted of a 2nd or 3rd degree felony aggravated assault (domestic violence) must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))
A defendant convicted of aggravated assault (domestic violence) may not posses, use or have control of a firearm or ammunition for life.
(18 U.S.C. §922(g)(9))
Learn more about crimes related to Aggravated Assault (Domestic Violence). If you have any questions, please feel free to call our office at (801) 505-1586.