Teen Stabbing Could Result in Aggravated Assault Charges

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One teen is in serious condition and another teen is being sought by police after the two juveniles had an altercation resulting in one stabbing the other. The teen being sought may face aggravated assault charges for his role in the incident. If caught, the prosecution could also seek to have the case heard in adult court.

So Much for Counseling

According to a report from KSL News, on Thursday, Oct. 6, two teens, a 15-year-old boy and a 17-year-old boy, were brought to a counseling session by a caseworker. Apparently things did not go as planned, and the two boys got into an argument as they were leaving the counselor’s office. Unified Police Lt. Justin Hoyal said the 17-year-old proceeded to stab the younger boy multiple times and then fled with the knife.

According to Hoyal, the fight may have been gang related, and the 17-year-old could be a danger to others. Police haven’t released the names of the boys because they are both minors.

Potential Adult Aggravated Assault Charges

According to the Utah Code, assault includes an attempt, threat, or actual action to do bodily injury to another with unlawful force or violence. It becomes aggravated assault when the person committing the assault uses a dangerous weapon or other means of force likely to produce death or serious bodily injury. The knife in question would constitute a “dangerous weapon” in this case. Aggravated assault is considered either a third or second degree felony depending on whether the action was actually carried out and the extent of the injuries to the victim.

In a case like this, the prosecution may seek to have the case tried in adult court, but several factors would have to be satisfied in order for this to occur. One of those factors has already transpired: the fact that the crime committed would be considered a felony if committed by an adult. In addition, prosecution can seek an adult trial if the juvenile has an extensive criminal history. Another factor which doesn’t seem to be at play in this case is if the charge is murder or aggravated murder committed by a juvenile age 16 or older.

If tried as an adult, aggravated assault as a third degree felony is punishable by up to five years in prison and up to $5,000 in fines. A second degree felony may result in up to fifteen years and a fine of up to $10,000.

Aggravated assault is a very serious charge, especially when it comes to a juvenile who shouldn’t be spending five to fifteen years of their life in an adult prison. If your child has been charged with aggravated assault or any other crime, make sure to contact an experienced juvenile defense attorney who will look out for your child’s best interest and work to the best of their abilities to keep the case in juvenile court.