Norwalk Second-Degree Assault Lawyer
Anyone facing second-degree felony charges may benefit from consulting a seasoned criminal defense attorney with experience handling second-degree assault cases. If retained, a Norwalk second degree assault lawyer could explain the legal process in criminal court, explain past rulings in similar cases, and work to develop a strong strategy for defense.
What Exactly is 2nd Degree Assault?
Many things could constitute 2nd Degree Assault. The basic offense of second-degree assault is outlined by Connecticut General Statutes §53a-60. This statute describes 7 situations that may qualify as a variant of this offense, though specific factors may alter charges even further.
According to the statute, assault in the second degree generally occurs when someone:
- Intentionally causes serious physical harm to another
- Intentionally injures another with use of a weapon
- Causes serious bodily injury with reckless use of a deadly weapon
- Administers a drug without medical cause, intentionally causing lost consciousness
- Injures a member of a parole board
- Strikes another on the head to cause lost consciousness
- Strikes a person on the head while that person is lying down
Can I be Charged with 2nd Degree Assault for Driving Drunk?
Yes. The specific circumstances of an incident could lead to modified charges. For example, causing severe injury to another while operating a motor vehicle under the influence of alcohol or drugs could bring charges of assault in the second degree with a motor vehicle. For this reason, you may wish to discuss all the events leading to charges with your Norwalk second-degree assault attorney.
What if I did Not Intend to Hurt Someone Else?
That could impact your case. One unifying element in many second-degree assault cases is the importance of the defendant’s state of mind during the incident. The prosecution typically must demonstrate that the accused party acted recklessly or intended to cause severe injury or physical harm in order to prove guilt. According to CGS §53a-3, recklessness in this context means acting while consciously disregarding a substantial and unjustifiable risk, where a reasonable person would not have shown that disregard.
How Much Jail Time does 2nd Degree Assault Carry in Norwalk?
Penalties associated with second-degree assault depend on the incident that brought on charges. If a resulting physical injury is considered “serious,” the offense is generally treated as a class C felony. These penalties may include up to 10 years in prison and a fine of up to $10,000. However, in cases where a resulting injury is not considered serious, a charge may be pursued as a class D felony, punishable by a maximum prison sentence of five years and fines no higher than $5,000.
What if a Gun Was Involved in My Arrest?
You may be looking at mandatory minimum jail time. The established facts of a second-degree assault charge may prohibit the court from reducing or suspending a sentence. For example, use of a firearm during a second-degree assault generally means one year of a sentence cannot be reduced – it must be served in completion, as established in CGS §53a-60a. Other factors that may alter sentencing include alleged assaults against vulnerable individuals, and of course, the efforts of a dedicated second-degree assault lawyer in Norwalk.
Why Should I Hire a Top Norwalk Second Degree Assault Attorney Today?
To get the best outcome possible. Since potential penalties are so high, anyone facing second-degree assault charges may not wish to work alone. In addition to explaining the laws surrounding your charge, an experienced Norwalk second-degree assault lawyer could help protect and guide you through criminal proceedings. They may even be able to uncover and present crucial evidence to build a favorable defense.
If you are facing, or believe you may soon face, charges of second-degree assault, we are ready and available to help. Consider scheduling a free consultation to talk about your case.