Assault and Battery are two frequently incurred charges in the State of Utah, primarily due to the broad way in which they have been defined.   In short, any attempt or threat to do physical harm to another person, if followed up by unlawful force/violence or a show of unlawful force/violence, is considered Assault.  Generally this charge is filed as a misdemeanor punishable by up to a year in jail and a $2,500 fine, but if the situation warrants the action, the prosecutor may elevate the charge to Aggravated Assault, a second degree felony.  This charge may carry a penalty of up to fifteen years in prison and a $10,000 fine.  Because the penalties can be so significant, it is critical that an individual charged with Assault or Battery contact an experienced criminal defense attorney immediately upon the incursion of the charge.

Because Assault or Battery can be filed with such significant potential consequences, failure to retain a competent criminal defense attorney can also result in a criminal history which might cause difficulty in obtaining future employment or passing applications for housing.  At The Law Office of Haynes & Fuelling, we work to provide our clients with all the opportunities available for reducing this fallout.

When retained for a new case, our first efforts are directed toward rescheduling the client’s court date to fit the client’s scheduling needs, wherever possible.  Our legal team works hand-in-hand with court clerks across the state, and we can generally secure a new court date within 24 hours.

Once an acceptable date has been set for the hearing, we go to work investigating the prosecution’s case.  Our attorneys tirelessly scrutinize the details of the case, ensuring that the police did not overreact to the situation, that they had reliable witnesses, that no constitutional rights were violated, and so on.  If any weakness exists in the prosecution’s case, we identify them, and when found we use them to minimize the consequences of being charged criminally.

If the prosecution proves unwilling to offer a reasonable agreement - if not dismiss the case outright - we begin to prepare for trial.  Keeping the client informed of each development, we secure expert witnesses, prepare transcripts for evidence, hire private investigators, and more.  Regardless of the difficulties of the case, we present a formidable and informed defense throughout the trial process, up to and including sentencing.

Finally, if a sentence is imposed, we present the clients with all of the options which they still have available to them, from appealing the sentence to a higher court, to clearing the client's records through expungement.  We never consider a case ‘closed,’ until every avenue of defense and recovery have been exhausted.

At The Law Office of Haynes & Fuelling, we are dedicated to providing our clients inside and outside of Utah with a quality criminal defense lawyer at a competitive rate.  After more than twenty years of experience defending and prosecuting criminal law throughout the state, we guarantee effective and competent criminal defense in every case we take.  Contact us now to receive a free consultation with an experienced attorney.