Utah Criminal Code: 76-5-104. Consensual AltercationIn any prosecution for criminal homicide under Part 2, Criminal Homicide, or assault, it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation if during the course of the duel, combat, or altercation any dangerous weapon as defined in Section 76-1-601 was used or if the defendant was engaged in an ultimate fighting match as defined in Section 76-9-705. Terms Used In Utah Code 76-5-104• Dangerous weapon: means any item capable of causing death or serious bodily injury; or a facsimile or representation of the item, if: the actor’s use or apparent intended use of the item leads the victim to reasonably believe the item is likely to cause death or serious bodily injury; or the actor represents to the victim verbally or in any other manner that he is in control of such an item. In any prosecution for criminal homicide under Part 2, Criminal Homicide, or assault, it is no defense to the prosecution that the defendant was a party to any duel, mutual combat, or other consensual altercation if during the course of the duel, combat, or altercation any dangerous weapon as defined in Section 76-1-601 was used or if the defendant was engaged in an ultimate fighting match as defined in Section 76-9-705. Consensual altercation is sometimes referred to as assault by mutual consent. It refers to your typical fight, where both parties enter into the altercation with knowledge and consent. Under Utah law, consensual altercation is not a valid legal defense. This means, it doesn’t matter if both parties entered the fight willingly, if your actions amount to assault as defined above, you could be tried and convicted. The crime of assault can be either a misdemeanor or a felony in Utah depending upon: To prove that a person is guilty of felony assault a prosecutor must prove that: Consent and Prohibited ConductThe voluntary and knowing consent of all parties to any sexual activity is crucial. “Consent” is defined as clear, unambiguous, voluntary, positive agreement between the participants, to engage in specific sexual activity. Additionally: Prohibited ConductThe University’s Non-Discrimination and Non-Harassment Policy prohibits sex discrimination, which includes sexual harassment, sexual assault, and sexual exploitation; interpersonal violence, which includes dating violence, domestic violence, and stalking; and retaliation and intimidation. Sexual HarassmentSexual harassment, which includes sexual assault and sexual violence, is a type of sex discrimination prohibited by Title IX that may take many forms. Sexual harassment includes unwelcome sexual advances, requests for sexual favors and/or other physical, verbal or visual conduct based on sex. Dating ViolenceDating violence means violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim; and where the existence of such a relationship shall be determined based on a consideration of the following factors: the length of the relationship, the type of relationship, and/or the frequency of interaction between the persons involved in the relationship. Domestic ViolenceDomestic violence includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, a person with whom the victim shares a child in common, a person who is cohabitating with or has cohabitated with the victim, a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction. StalkingStalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their safety or the safety of others, or suffer substantial emotional distress. RetaliationRetaliation exists when action is taken against a complainant or participant in the complaint process that adversely affects the individual’s opportunity to benefit from the programs or activities; and is motivated in whole or in part by the individual’s participation in the complaint process. IntimidationIntimidation of any individual undertaken to prevent reporting of violations or cooperating with investigations is also prohibited. Self-Defense and Mutual Combat DefensesWhen a person is dealing with assault defenses, the most common defense is going to be self-defense. In that situation, attorneys are arguing to the judge or the jury that their client did assault the other individual, but they did so because they were acting in self-defense. That is the number one defense. Another common defense strategy is the mutual combat defense. Mutual combat is not something that is necessarily codified. It falls between self-defense and consensual contact. Attorneys will allege that the only reason that the defendant engaged in the assault or assaulted the alleged victim is that they were in a mutually combative situation. It basically means that both parties consented to the other party touching them, and were engaged in a physical fight. This relates to the consent defense, which alleges that the plaintiff consented to the touching. If an attorney could prove consent or mutual combat, that could serve as one of the mitigating factors for assault charges in Utah. Accidental ContactAccidental contact is another defense that is often used in assault cases. Whenever a person is dealing with an assault or an assault and battery in Utah, a person has to intend to touch the person. They cannot accidentally run into somebody and be charged with criminal assault. A person could have some civil liability in a negligent suit, but as far as criminally they have to intend to hit somebody. If it is an accidental touching, then it is not going to raise the level of criminal assault. Then, there is the intent of the individual when doing the touching. This defense does work, but it is rare. It essentially says that when the rude touching occurred the individual doing the touching did not intend to harm the other party. Unreliability of the Plaintiff as a Mitigating FactorMitigating factors for assault charges in Utah often include the facts surrounding the assault or why the assault happened. For example, the court may ask if the defendant punched the plaintiff, or whether the plaintiff instigated contact, even if they did not hit the defendant first. In the second type of situation, a lot of judges may dismiss the case. Even if the judges do find a person guilty of the assault, if there is no injury, they might not jail the defendant because of the circumstances. Substance UseA plaintiff’s instigation and other factors like the presence of drugs or alcohol in the system of the alleged victim could be helpful in an individual’s case. For example, if the accuser says that the defendant walked up to them and slapped them, and that is the primary evidence is witness testimony, and it is revealed in cross-examination that the person who testified was high on cocaine at the time, they might be deemed unreliable. Things like that can be mitigating factors for assault charges in Utah and could even mitigate evidence, leading to the dismissal of said evidence. At the same token, the life of the accused can also be mitigated, especially if the accused is a veteran, has no record, has a mental health diagnosis, was going through meds, or has PTSD, bipolar disorder, or something along those lines. Criminal Defense LawyerWhen you need legal help to defend against criminal assault charges against you, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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