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Darien Assault Lawyer

If you are facing any degree of assault charge, you should consult a Darien assault lawyer as soon as possible. A top criminal defense attorney may be able to assess the evidence against you and work towards a positive resolution to your charges.

What are the Degrees of Assault in Darien?

Under Connecticut law, there are three different levels of assault charge. The level of your assault charge depends on a variety of factors, including:

  • The severity of the injuries
  • The type of person allegedly targeted
  • Whether the assault involved deadly weapons or dangerous instruments

Intentionally inflicting serious physical injury on others by using a deadly weapon or dangerous tool qualifies as first-degree assault, a Class B felony. In contrast, if you intentionally cause bodily harm that is not considered serious or recklessly cause serious physical injury to others, then the charge is likely to be third-degree assault, a Class A misdemeanor.

Alleged assaults against family or household members could be classified as family violence. These situations often lead to protective orders, which could restrict the accused’s communications or even force them out of their home. An assault lawyer in Darien could provide advice about the nature of specific charges and help the accused avoid violating a protective order.

What Qualifies as Serious Physical Injury for Assault in Connecticut?

Connecticut assault laws distinguish between assaults based on the level of physical injury caused. Under Connecticut General Statutes (C.G.S.) § 53a-3, “serious physical injury” involves a substantial risk of death, severe disfigurement, or serious loss or impairment of bodily organs. Typically, serious bodily injuries result in first-degree assault charges.

“Physical injury” refers to any pain or impairment of the physical conditions of others. As a result of this broad definition, as assault conviction does not require that individuals sustain more than minor injuries.

How Can I Fight My Darien Assault Charges?

In order to secure a conviction for assault, the state must prove an assault occurred beyond a reasonable doubt.  Fortunately, individuals facing assault charges may be able to take advantage of various defenses, depending on the facts of their cases.

One potential defense to assault is self-defense. If an individual caused physical harm to another in the course of protecting themselves from injury, they might have a valid self-defense claim. In this situation, an assault attorney in Darien might produce evidence that the injured individuals provoked, incited, or otherwise acted as the aggressor in the incident.

Another possible defense involves the constitutional rights of the accused. If law enforcement officials violated those rights in any way, such as by executing an illegal search and seizure of evidence, then the evidence may be inadmissible at trial. As a result, a motion to suppress evidence may make it difficult for prosecutors to prove their case.

Call a Darien Assault Attorney for Help

If you were accused of assault, you may face serious penalties and collateral consequences, such as the imposition of a restraining or protective order. As a result, getting legal representation when you are facing assault charges may be highly advisable. A Darien assault lawyer may be able to work with you to minimize the effects of your assault charges and reach an acceptable resolution to your case.  Call the attorneys are Mark Sherman Law today to see how we can help defend your case.