Connecticut Assault Lawyer
Many domestic violence arrests involve an arrest in Connecticut for assault. Assault does not just involve husbands, wives, and domestic partners, but also roommates. It is one of the most commonly charged domestic violence assault crimes.
The crime casts a wide net over physical confrontations in Connecticut domestic violence arrests, and can cause many personal and professional problems making it important a Connecticut assault lawyer is contacted as soon as possible.
First and Second Degree Assault Arrests
Assault charges can range in degrees from first to third. Assault in the First Degree is the most serious of the three charges, but not frequently charged in domestic violence arrests. This charge carries up to 20 years imprisonment, with a five-year mandatory minimum if they are accused of using a deadly weapon.
Generally, someone can be arrested in Connecticut for Assault in the Second Degree if they cause serious physical injury to another person, which usually involves a broken bone injury. Second Degree Assault is a Class D felony that carries between one and five years of prison time.
Assault in the Third Degree Arrest
There is a common chain of events that usually trigger an arrest for Connecticut Assault in the Third Degree. First, there is typically a call to 911 or the police by someone involved in the Connecticut domestic violence arrest, or a concerned bystander or neighbor. Next, the police immediately come to someone’s home, separate the people involved in the domestic violence dispute, and question them. They closely look at someone’s body for marks, scratches or bruising. Domestic violence first responders are trained to ask specific questions and take particular notice of signs that might indicate that violence was occurring prior to their arrival.
Finally, the police will try to take written statements, examine surveillance video, and at that point, they will decide whether probable cause exists to arrest anyone for Assault in the Third Degree, or any other Connecticut domestic violence related crime. Remember, whether someone is a suspect or victim in a suspected Connecticut domestic violence arrest, they do not have to speak to the police and have the right to contact an assault attorney in Connecticut for advice.
Someone can be arrested in Fairfield or Greenwich Connecticut for Assault in the Third Degree if they intentionally, recklessly, or negligently cause physical injury to another person. The term physical injury is broadly and interpreted by law enforcement, allowing police to easily arrest someone for Assault in the Third Degree, which is a Class A misdemeanor.
Misdemeanors are less serious than felonies and any jail time resulting from misdemeanors cannot exceed one year. If someone used a deadly weapon in the commission of their Third Degree Assault, then their one-year jail sentence cannot be suspended or reduced by the sentencing judge.
First Court Date
Once someone is arrested for Third Degree Assault, they will be required to post a bond and then appear in court on the very next business morning. A few things will be required of someone at their court date.
First, they will have to speak with a family relations officer. These officers act as the eyes and ears of the judge and it is their obligation to conduct an initial domestic violence safety assessment for the presiding judge. The judge considers this information during the Connecticut protective order hearing that takes place later that day. These family relations officers are not required to maintain confidentiality.
Restraining Order Hearing
Next, the court will hold a brief restraining or protective order hearing. There are three kinds of protective orders that can be issued against you that day. The most serious is a Full No Contact order, which prohibits any form of contact with the accuser and entry into the accuser’s home. Below that is a Full or Residential Stay-Away protective order, which allows them to have contact with their accuser, but prevents them from entering the accuser’s residence.
Finally, there is the least restrictive restraining or protective order, called the Partial or Limited protective order, which prohibits them from threatening, harassing, or intimidating the accuser, but otherwise permits contact and entry into the home. These orders should be taken seriously.
If someone is accused of violating the protective order, then they can be arrested in Connecticut for Criminal Violation of a Protective Order, a felony in Connecticut which carries a maximum five-year prison term.
Contacting an Attorney
If you are arrested for assault, then you should contact an assault lawyer in Connecticut as soon as possible. An experienced attorney can help you craft a defense strategy to help you try and get your charges dismissed. This strategy can incorporate diversionary programs, counseling efforts, negotiations with prosecutors and numerous pre-trial negotiation attempts.
Title: Professional and Communicative
By: Anonymous Client
Christine was there for me 24/7. She dealt with my case very professionally she clearly knows what she is doing. I was accused of assault and from day one she told me what is going to happen and how we are going to deal with it. 2 months later all the charges were dropped thanks to her.