Connecticut Assault Lawyer
If you are arrested or charged with assault in Connecticut, it is important to contact an experienced defense attorney as soon as possible. An assault charge can have serious consequences, including jail time, protective orders, loss of employment opportunities, and damage to your reputation. By working with a skilled Connecticut assault lawyer early in the process, you can better understand your legal options, protect your rights, and begin building a strong defense strategy from the start.
Assault Arraignments
A criminal assault charge is treated a bit differently in a domestic violence courtroom than in any other setting. Specifically, if you are accused of assaulting your husband, wife, life partner, child, or any other family member (as opposed to getting in a road rage fight or bar fight with a stranger), you will be arrested and summoned to court on the very next business morning for your domestic violence arraignment. Unless you have hired an experienced assault lawyer to represent you at your Connecticut domestic violence arraignment, plan on spending most of that day at the courthouse. At this arraignment, you will be asked to speak to family relations workers whose job it is to make recommendations to the Superior Court judge regarding the appropriate level of the restraining order—or criminal protective order—that will be issued against you.
The Three Types of Domestic Violence Criminal Protective & Restraining Orders
Domestic violence criminal protective orders come in three forms—(1) full no contact, (2) full, and (3) partial. The “full no contact” protective order will prohibit you from having any contact with the alleged victim whatsoever and will further prevent you from entering this victim’s residence. A “full” protective order, also called a “residential stay-away” order allows you to have contact but prevents you from entering the victim’s home for any reason. Finally, the “partial” protective order—the least restrictive order—simply orders you not the “threaten, harass, or intimidate” the victim, an order which is a component of the other two orders. These orders are spelled out for you on that very first day of court and can last as long as the criminal case itself—possible for many months unless they are properly and aggressively challenged.
We have seen many falsely accused domestic violent defendants wrongly ordered out of their homes for months at a time based on false allegations of abuse and assault. Therefore, if a domestic violence court judge has wrongly imposed a criminal protective order on you that has kept you out of your home, then you should contact a top Connecticut assault attorney to assist you in getting the order modified. Your lawyer will demand an evidentiary hearing to challenge the order and the accused can sometimes be put on the witness stand.
With the severity of these protective orders looming over a domestic violence defendant during their criminal cases, we always warn our domestic violence clients that victims can sometimes be tempted to use these restraining / protective orders as a sword rather than a shield. What do we mean by this? That it’s very easy to violate these protective orders and a victim involved in a contentious divorce proceeding may try to bait or lure you into violating a protective order, either by antagonizing you, goading you, texting you, or even inviting you over to “reconcile” when they know you are not permitted in the home and then will have the police waiting at the door to arrest you. Any violation of these protective orders—even a harmless text to a person protected by a full no contact order—can lead to a felony charge of Criminal Violation of a Protective Order under C.G.S. § 53a-223—all the more reason to have a top Stamford assault lawyer by your side at your domestic violence restraining order hearing.
Different Degrees of Domestic Violence Assault Charges
Assault in the Third Degree under C.G.S. § 53a-61 is the most common domestic violence charge (for the full text of the statute, click here). In general, to be charged with Third Degree Assault in Connecticut, you must intentionally cause physical injury to another person, or recklessly cause serious physical injury (i.e. a broken bone) to the other person. It is a Class A misdemeanor punishable by up to one year in jail, probation and a $2000 fine. Assault in the Second Degree, per C.G.S. § 53a-60, is a Class D Felony, punishable by up to 5 years in jail, a $5000 fine and probation. This charge accuses you of causing “serious physical injury” (i.e. a broken bone or fracture) to another person. Finally, the most serious Assault Charge, First Degree Assault under C.G.S. § 53a-59, involves causing serious physical injury to another person while using a deadly weapon or dangerous instrument. This scenario is punishable by up to 20 years in jail, 5 of which are mandatory and cannot be suspended by the Court.
Fighting Domestic Violence Assault Charges in Connecticut
As top Connecticut lawyers acknowledge, one of the major distinctions between an assault charge in domestic violence court and any other assault charge prosecuted in the regular docket are the defense strategies that can result in the charges being dismissed. In domestic violence court, there are nuanced and technical defense tactics that can convince a judge or prosecutor to suspend the prosecution of your assault charges. Diversionary programs such as the Family Violence Education Program (FVEP), the Evolve Program, and the Explorer Program are several options you may avail yourself of to earn a dismissal. And in the event your criminal lawyer cannot agree on a disposition or diversionary program with the state prosecutor, some of the best lawyers will request numerous pre-trial conferences with the presiding domestic violence judge to see whether your criminal lawyer can persuade a judge to dismiss a case based on treatment, rehabilitation, and weaknesses in the prosecution’s case.
The experienced lawyers at Mark Sherman Law will work with you to craft an appropriate and effective defense strategy. We will aggressively investigate the accuser in your case. If necessary, we will track down their cell phone records, social media activity, work with our private investigator to gather all the necessary witness statements, and carefully review your police reports for errors, omissions and constitutional defects. Our “two-attorney” review process helps ensure that more than one attorney from our firm reviews your case carefully.
Contact a Connecticut Assault Attorney at Mark Sherman Law
Assault cases in Connecticut often move quickly through the criminal court system and can involve multiple hearings, court orders, and strict deadlines. It is important to seek legal representation as soon as possible. The experienced Connecticut assault lawyers at Mark Sherman Law can respond quickly to your case, explain the charges you are facing, and help you prepare for every stage of the legal process.
Whether you are facing misdemeanor or felony assault allegations, early intervention by a defense attorney can make a significant difference in the outcome of your case. From protecting your rights during police investigations to advocating for you in court, our team is committed to providing strategic and aggressive representation throughout the process.
Time is critical in any assault case, so do not wait to get experienced legal guidance. Call Mark Sherman Law today to discuss your case. We offer reasonable rates and are available 24 hours a day, 7 days a week to take your call.