Stamford Simple Assault Lawyer
Simple assault offenses are classified as Third-Degree Assault in Stamford. Assault in the third degree is when someone intends to cause another person physical injury and when they cause the physical injury. There has to be intent and injury. A person can be found guilty of third-degree assault when they recklessly cause a serious injury to another person.
If a person is intending to cause some type of injury, there does not have to be a serious injury as a result. Stamford simple assault lawyers have seen that an injury does not need to leave a mark or cause a hospital visit for someone to be charged with assault. Contact a distinguished Stamford assault attorney to begin building a defense for your day in court.
Common Consequences of Third-Degree Assault
The potential consequence of third-degree assault is a permanent misdemeanor conviction. Third-degree assault is a Class A misdemeanor in Stamford. Probation is another likely outcome of a third-degree assault charge. A protective order can be issued against the person charged with assault protecting the person who was assault. A defendant can also face jail time and court fines and costs.
Is there a Difference from Aggravated Charges?
Aggravated assault is not a statutory term. Assault on elderly, blind, disabled, or pregnant people, raises the level of assault to First Degree. The first element of third-degree assault is intent, so a person has to intend to cause an injury and the second element is that there has to be a physical injury to another person.
Classifying Assault Charges
There are three levels of assault. Attempted battery assault is not a crime in Connecticut. Intent to frighten is also civil, which is part of proving assault and battery and the non-violent touching assault is also civil. None of those are relevant to the criminal act. Second-degree assault of an elderly, blind, disabled or pregnant person would be what people consider aggravated assault and that raises the crime to a Class D felony. That can be a regular assault, but because it is on an elderly, blind, disabled or pregnant person, it makes it a higher penalty, so it becomes a Class D felony with up to three years in prison.
Role of Intent
Second-degree assault is when a person has the intent to cause a serious physical injury to another person and they cause the injury. The difference between second-degree assault and third-degree assault is that third-degree assault does not require a serious injury. Second-degree assault has to be a serious injury, usually involving a broken bone. If someone breaks their legs, that would rise to the level of second-degree assault.
There are other ways that someone can commit second-degree assault. They can intend to cause physical harm and then cause that harm by using a deadly weapon. If they use a baseball bat, even if the person does not break their leg, that can be second-degree assault because a deadly weapon was used. Any type of hit to the head is second-degree assault.
Jury Bench Trials
A bench trial occurs when there is no jury in the room and the judge makes the ultimate verdict. A jury trial is when a person is tried by a jury of their peers.
Contacting a Lawyer
It is important to contact a Stamford simple assault lawyer as soon as possible for many reasons. If someone is accused of assaulting someone they lived with or someone they know, the police may enter a protective order that will stop them from being able to go home or speak to that person. These charges can result in a permanent criminal conviction on their record and jail time.