banner
Contact Us
Case Evaluation
close

    New Canaan Second-Degree Assault Lawyer 

    If you have been arrested for second-degree assault, then it is critical to speak with a New Canaan second-degree assault lawyer. A knowledgeable assault attorney will be able to understand these laws and all of your available defense strategies. Penalties for arrests have increased and now include up to 10 years in prison as a major felony.

    What is Second-Degree Assault?

    Second-degree assault is defined under Connecticut General Statutes §53a-60 and is usually charged as a class D or class C felony. Classifications depend primarily on whether an offense resulted in a serious physical injury.

    What is the Difference Between a Class C Felony and a Class D Felony?

    A class D felony charge generally applies to incidents that result in less severe injuries. A conviction for a class D felony could result in up to 5 years in prison and or up to $5,000 in fines. However, if injuries justify a class C felony charge, a conviction could result in a maximum sentence of 10 years in prison and fines of up to $10,000.

    How Does the Law Define Family Violence?

    Family violence is commonly referred to as domestic violence. Any incident in which someone physically assaults another person with whom they have a close personal relationship may be considered family violence. There does not have to be a familial relationship—any individual can experience family violence as long as both involved parties are considered family or household members.

    Family or household members are defined under CGS §46b-38a to include:

    • Current or former spouses
    • Parents and children
    • Biologically related people
    • People related by marriage
    • People who share a child
    • Previous or current dating partners
    • Roommates

    A New Canaan second degree assault attorney could help someone understand these charges better.

    Does Second-Degree Assault Result In a Civil Restraining Order?

    Typically yes. Individuals suffering from family violence have legal options to protect themselves. Initially, it is possible to seek court-order relief by filing for a civil restraining order under CGS §46b-15. An order may require an alleged abuser to vacate a shared home or prohibit any form of contact. Civil restraining orders could last up to one year with a possibility of extension.

    Can I Get a Criminal Protective Order as a Result of Second-Degree Assault ?

    Yes. If charges amount to second-degree assault and require criminal proceedings, a person suffering from domestic violence and their second-degree assault lawyer in New Canaan may file for a criminal protective order, according to CGS §46b-38c. While this order typically only lasts through the end of a trial, it may be possible to seek a standing criminal protective order. This order could permanently prohibit contact and help protect those facing violence indefinitely.

    Contact a New Canaan Second-Degree Assault Attorney Today

    Domestic abuse situations can be devastating in any context. However, if you are facing violence at home, there are legal options to protect yourself. Contact a New Canaan second-degree assault lawyer as soon as possible to discuss your situation. A domestic violence attorney may be able to connect you with resources for your and your family’s safety, advise on protective orders, and assist with pursuing potential criminal charges. Take the first step to protect yourself and your family and speak to us about your situation today.