Fairfield Third-Degree Assault Lawyer
What is Third-Degree Assault in CT?
Under Connecticut General Statutes (“C.G.S.”) § 53a-61, third-degree assault may occur in at least three different situations. Each of these scenarios has a different level of intent tied to it, which is an essential element of the charge that the prosecution must prove to convict you of the offense. If you are charged with Third-Degree Assault in a domestic violence case, you should contact an experienced defense lawyer as soon as possible.
Intentionally Causing Physical Injury
The first type of third-degree assault occurs when someone has a conscious and deliberate intent to cause physical injury to others. Physical injury includes any harm that causes pain or impairment of health, including minor injuries such as bruises, sprains, and lacerations.
Recklessly Causing Serious Physical Injury
Fairfield third-degree assault lawyers often see authorities charge individuals with third-degree assault when they recklessly cause serious physical injuries to others. Reckless behavior occurs when someone is aware of and consciously disregards the substantial risk of harm that their actions will constitute. Recklessness is a significant departure from the standard of care that a reasonable person would exercise in the situation.
Causing Physical Injury Using Weapons or Instruments with Criminal Negligence
Finally, third-degree assault occurs when individuals cause physical injuries to others using deadly weapons, dangerous instruments, or electronic weapons in a criminally negligent manner. To act with criminal negligence is to fail to recognize the substantial risk of harm that behavior is likely to create. The weapons used in the assault can be firearms, metal pipes, or any other objects that could cause physical injury if they come into contact with others.
What are the Penalties for Fairfield Third-Degree Assault Charges?
A conviction for a Class A misdemeanor third-degree assault charge can result in a one-year maximum jail sentence and a maximum $2,000 fine. However, as any top third-degree assault lawyer in Fairfield will tell you, some circumstances can result in a mandatory minimum jail sentence of one year, which sentencing courts are unable to suspend or reduce.
For example, if the third-degree assault involved the use of a deadly weapon, dangerous instrument, or electronic defense device, individuals will face a mandatory minimum jail sentence of one year. Similarly, persons who commit a third-degree assault against elderly, blind, disabled, pregnant, or intellectually disabled persons under C.G.S. § 53a-61a will also be subject to a mandatory one-year jail sentence.
Contact a Top Fairfield Third-Degree Assault Attorney Today
Third-degree assault charges can have significant repercussions. Incarceration is always a possible penalty, and imprisonment is a requirement in some third-degree assault cases. A Fairfield third-degree assault lawyer may be able to assess the evidence against you and work toward a resolution to the charges that minimizes the damage to your life. Contact Mark Sherman Law today to schedule a consultation.