Specific Groups are Protected by Utah Law
Utah law usually describes criminal offenses as applying broadly to all people. There are some Utah laws, however, that protect special groups of people because Utah state legislators feel these people deserve special protection. One such group receiving special protection are school employees. The Utah criminal code contains special provisions regarding crimes and schools. One of these school related criminal offenses is assault against school employees. Utah criminal defense attorneys regularly handle these types of criminal offenses.
Committing Assault Against a School Employee
Assault against school employees is contained in Utah Code § 76-5-102.3. It reads that “Any person who assaults an employee of a public or private school, with knowledge that the individual is an employee, and when the employee is acting within the scope of his authority as an employee, is guilty of a class A misdemeanor.” Assault is defined as doing any of the following:
- attempting, with unlawful force or violence, to do bodily injury to another;
- threatening, accompanied by a show of immediate force or violence, to do bodily injury to another;
- committing an act, committed with unlawful force or violence, that causes bodily injury to another or creates a substantial risk of bodily injury to another.
For a person to be convicted of assault against school employees, a Utah prosecutor must show that an assault took place, the assaulter knew the victim was an employee of a school, and at the time of the assault, the victim was acting in his or her employment duties. The reason it is important for a Utah prosecutor to show the victim was a school employee, and the assaulter knew it, is because it can mean the difference between 6 additional months in jail and a higher fine. Generally, assault is a class B misdemeanor but assault against school employees is a class A misdemeanor. The differences between the two misdemeanors is 6 months in jail. The difference between the two misdemeanors is an important reason why every person facing a charge of assault against school employees should contact a Utah criminal defense attorney.
Contact a Defense Lawyer Today
If you are charged with assault against school employees, contact a Utah criminal defense attorney from Salcido Law Firm. We have lawyers throughout the state of Utah including the Ogden, Salt Lake, Provo, and St. George areas. Our lawyers will know how to best handle your assault against school employees charge. Call us at 801.413.1753 to speak with a Utah criminal defense lawyer today.