In many states around the country, the terms Assault and Battery refer to two similar but distinct acts: respectively, threatening someone in such a way that they fear imminent physical harm, and actually making aggressive physical contact with someone. Under the Connecticut Penal Code, however, Assault refers to both types of acts, and Battery is not a specifically defined criminal offense.
However, this does not mean that all Assault charges are created equal in the Nutmeg State. As our qualified defense attorneys at Mark Sherman Law can explain to you in more detail, whether an act is considered criminal assault in our state depends on what specifically the other party has accused you of doing and what physical harm, if any, they allegedly sustained due to your actions.
Connecticut differs from other states in its approach to Assault in that a person cannot be convicted of Assault unless someone suffers a physical injury as a direct result of that person’s actions. In other words, making threats without physical contact will not result in an Assault conviction. However, charges for another criminal offense, such as Harassment in the Second Degree or Disorderly Conduct, are possible.
Furthermore, state charges for criminal Assault require either reckless disregard for the safety of others or, as is more often the case, intent on the defendant’s part to cause physical injury. Accidentally causing a person physical injury (e.g., without intending to harm them or without demonstrating extreme recklessness) is unlikely to result in a criminal Assault conviction as defined by the Connecticut Penal Code, although civil liability for financial losses stemming from that injury would be possible.
Typically, assault goes from a misdemeanor to a felony offense in Connecticut if a defendant intentionally causes someone to suffer serious physical injury. In this context, a serious physical injury is one expected to result in long-term disability and/or disfigurement.
An offense may also rise to a felony status if the defendant uses a motor vehicle to carry out the assault, commits assault with a firearm, or assaults a law enforcement officer. Furthermore, assaults against people who are elderly, pregnant, intellectually disabled, or physically incapacitated have enhanced penalties attached to them, although they are not automatically considered felonies in every situation.
If you face a charge for any degree of assault in Connecticut, you may be overwhelmed and confused about what that means. Representation from a knowledgeable legal professional could make a significant difference in the trajectory and outcome of your case. Click here to read what past clients have to say about working with us. Contact Mark Sherman Law today to set up an initial meeting and discuss your defense options.
