Norwalk Third-Degree Assault Lawyer
If you were charged with assault in the third degree, it is wise to consult a Norwalk third-degree assault lawyer to learn about your options for defense. A top criminal defense lawyer can fight to protect your rights and help reach a positive outcome.
What is Third-Degree Assault in Norwalk, CT?
Under Connecticut General Statutes (C.G.S.) §53a-61, three different situations can lead to an assault in the third degree charge:
- When a person intends to cause physical injury to another and does cause such injury to that person or another.
- When a person recklessly causes serious physical injury to another person.
- When a person acts with criminal negligence and causes physical injury to another person by means of a deadly weapon or dangerous instrument.
These different states of mind (intent, recklessness, and criminal negligence) have specific definitions and a top defense lawyer can argue that your conduct did not rise to that level.
What is the Negligent Use of a Weapon?
If someone injures another person through the negligent use of a deadly weapon or similarly dangerous instrument, then that act will be treated as third degree assault. Even if the person causing the injury had no intent to harm another, if they acted with criminal negligence in handling dangerous devices, then the actions constitute assault.
Anything capable of causing death or serious physical injury is a dangerous instrument. Criminal negligence is when an individual fails to perceive a substantial and unjustifiable risk.
What is Third-Degree Assault by Recklessly Causing Serious Injury?
Someone can also commit third-degree assault when they act recklessly and cause a serious injury. A serious injury under C.G.S. §53a-3(4) is one that causes loss of bodily functions, serious disfigurement, a severe health problem, or that creates a “substantial risk” of death.
A Norwalk third-degree assault attorney may be able to argue that an injury is not sufficiently serious to cause the incident to be treated as an assault. Alternatively, an attorney could also argue that actor’s behavior did not disregard a risk of harm and thus did not constitute recklessness.
What is Assault in the Third Degree by Intentional Injury?
Finally, at its most basic level, a third-degree assault occurs when an individual intends to cause harm to someone and does cause an injury, either to that intended person or to another. If the resulting injury is serious, then the offense may be treated as assault in the second degree.
What are the Penalties for Assault in the Third Degree?
Third-degree assault is a Class A misdemeanor punishable by up to one year of imprisonment, a fine of up to $2,000, and/or up to 2 years of probation. However, if a deadly weapon or dangerous instrument is used in connection with the crime, then a one-year sentence becomes mandatory, with no option to reduce or suspend the sentence.
Moreover, under C.G.S. §53a-61a, if someone commits third degree assault against a person who is pregnant, elderly, or physically or mentally disabled, then the one-year term of imprisonment may not be suspended.
Consult a Knowledgeable Norwalk Third Degree Assault Attorney
Because arrest and conviction records are available online, an assault charge may come back to haunt you years into the future. Assistance from a Norwalk third-degree assault lawyer could help prevent the loss of job opportunities, loans, housing and other prospects due to a conviction on your record.
A criminal defense lawyer can fight to defend your rights and your future. To learn more about how an attorney can help in your unique situation, call Mark Sherman Law.