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Overview: criminal vs. civil assault claims

Utah law treats assault primarily as a criminal offense under Title 76, Chapter 5 of the Utah Criminal Code (Utah Code Title 76, Chapter 5). A criminal prosecutor must prove the defendant’s guilt beyond a reasonable doubt. Separately, an assault victim can sometimes bring a civil claim for battery, assault, or related torts; civil cases use the lower standard of proof, a preponderance of the evidence.

Core categories of evidence that matter

1. Physical evidence and medical records

   Photographs of injuries (bruises, cuts, swelling), torn or blood-stained clothing, and any objects used in the assault are primary physical proof. Medical records, emergency room notes, physician or clinic notes, X-rays, and forensic exam reports document injury, cause, and timing. Make sure medical records include dates and treating provider names.

2. Police reports and 911 records

   A timely police report creates an official contemporaneous record. 911 recordings and dispatch logs show when a call occurred and what was reported. Prosecutors rely heavily on these files; they also strengthen a later civil claim.

3. Witness testimony and statements

   Eyewitnesses are critical. Names, contact information, and written statements or affidavits from witnesses help prove what happened. Independent witnesses (neighbors, bystanders, employees) can be especially persuasive.

4. Photos and video evidence

   Surveillance footage, doorbell or security camera video, and phone video can directly show the assault or events immediately before and after. Preserve original files and metadata when possible; make copies but keep originals safe.

5. Communications and digital evidence

   Text messages, social media posts, emails, and voicemails that show threats, admissions, or a pattern of abuse are often powerful. Screenshots can help, but courts may need original files or device dumps to verify authenticity. Preserve the devices and back up data.

6. Admissions and recordings

   Statements by the alleged attacker—confessions, threats, or apologies—are strong evidence. If you possess an audio or video recording, keep the original file and note when and how you obtained it. (If you plan to use a recording, confirm admissibility rules with counsel.)

7. Expert testimony

   Medical experts can link injuries to force and timing. Forensic specialists can authenticate digital evidence or explain injury mechanisms. Experts help translate technical proof for a judge or jury.

8. Pattern evidence

   Records showing repeated abuse—prior reports, text message patterns, or prior protective orders—can support claims of intent or course of conduct. Admissibility depends on rules of evidence, so review with counsel.

How to collect and preserve evidence

• Seek immediate medical care and keep all medical documentation and bills.
• Report the incident to police as soon as possible and request a copy of the report and 911 audio/transcript.
• Take multiple clear photos of injuries and the scene from different angles and on different days while injuries remain visible.
• Preserve original digital files (video, audio, photos). Avoid editing or resaving if possible; keep device and metadata intact.
• Write a contemporaneous account describing the event, dates, times, and locations while memories are fresh. Note names of anyone present.
• Collect contact information for all witnesses and ask them for written statements or permission to provide their contact details to investigators or attorneys.
• Keep physical evidence (clothing, weapons) in a safe place and do not wash or alter it.
• Make secure backups of digital evidence in multiple locations (external drive, encrypted cloud storage).

How evidence is used in criminal versus civil cases

In criminal cases, the prosecutor evaluates evidence to decide whether to file charges and must prove each element of the crime beyond a reasonable doubt. In civil cases, your attorney will assemble evidence to show it is more likely than not that the defendant committed the assault and caused harm. The same items—medical records, photos, witness statements, and communications—often matter in both settings, but admissibility rules and strategic presentation differ.

Practical next steps

1. Seek medical attention and keep documentation.
2. Report the assault to law enforcement and obtain copies of reports and recordings.
3. Preserve all evidence (digital and physical).
4. Contact a Utah attorney experienced with assault cases to review your evidence and discuss options, including criminal reporting, civil claims, or protective orders.