Wilton Assault Lawyer
Assault crimes—especially domestic violence assault charges—are commonly charged in Wilton, Connecticut. While some assault crimes are misdemeanors, most of these offenses are felonies, and they can be among the most serious in the state. If you have been arrested for assault, then it is important for you to understand the exact nature of the charges, as well as your defense options.
Work with a skilled criminal defense attorney who understands the distinctions among assault crimes. Contact a Wilton assault lawyer and take comfort in knowing that you are taking steps to protect your rights and move toward the best possible outcome in your case.
Defining Assault in Wilton
In Connecticut, assault may be generally defined as intentionally causing injury to another, although in some cases the injury may be the result of reckless or even negligent behavior. While the state has more than a dozen assault laws on the books, the primary assault statutes classify offenses as assault in the first, second, or third-degree.
What is First-Degree Assault?
First-degree assault (CGS 53a-59) is the most serious and is usually treated as a Class B felony. Although it is often referred to as assault with a deadly weapon, first-degree assault can be committed without any weapon at all. It should be noted that the use of a deadly weapon may come into play in certain instances of second and third-degree assault as well.
First-degree assault often involves the intentional infliction of serious physical injuries. Second-degree assault arrests in Wilton, Connecticut under CGS 53a-60 may also involve serious injuries; in such cases, assault in the second-degree is considered a class C felony. Where injuries are not serious, second-degree assault is treated as a class D felony.
How is Third-Degree Assault Charged?
Assault in the third-degree arrests under CGS 53a-61 are Class A misdemeanors. An assault can be considered third-degree if the injury is intentional but not serious, or when it is caused by reckless or negligent conduct. Third-degree assault arrests are the most common in domestic violence cases.
Additional Assault Statutes
In addition to first, second, and third-degree assault, Connecticut recognizes many additional distinct assault offenses. Among the most serious are sexual assaults, many of which could be considered rape in other jurisdictions.
Assault in the second-degree with a motor vehicle is a specific type of assault crime that occurs when someone driving under the influence of drugs or alcohol causes a serious injury to another.
Other specific assault statutes address situations where the assault is committed against a particular class of individuals that is either considered vulnerable or that is often the target of revenge. For example, CGS § 53a-60b of the Connecticut penal code defines assault in the second degree of an elderly, blind, disabled, or pregnant person, or a person with an intellectual disability, as a Class D felony with a two-year non-suspendable sentence.
What is Aggravated Assault?
Several factors can aggravate an assault scenario and increase the severity of the offense and corresponding penalties.
These factors include:
- Using a deadly weapon or dangerous instrument
- Causing serious injury
- Attacking someone who is elderly, disabled, young, or pregnant
- Attacking a first responder or corrections officer or court official
- Acting with intent to cause serious physical injury
Penalties for Wilton Assault Arrests
As there are varying degrees of severity for assault offenses, the range of penalties that may be assessed varies as well.
A simple third-degree assault arrest under CGS 53a-61 is treated as a Class A misdemeanor and exposes you to one year of imprisonment and a fine of up to $2,000.
Most second-degree assault offenses are punishable by a sentence of between one and five years in prison and a fine of up to $5,000.
Those convicted of first-degree assault face up to 20 years in prison, and a fine as high as $15,000. If the assault results in termination of a pregnancy, then the offense escalates to a Class A felony with even more severe penalties. Individuals should consult a Wilton assault lawyer that could mitigate the penalties they face.
Contacting a Wilton Assault Attorney
When you consult a Wilton assault lawyer, your attorney could begin collecting vital evidence right away and provide advice to help prevent making mistakes that could compromise your case. Your lawyer could serve as your advocate during all stages of the proceedings, to ensure that facts are brought forward in the best possible light.