Darien Aggravated Assault Lawyer
There are many different subsections of assault that have enhanced penalties for various aggravating factors. Those accused of assault offenses should contact a Darien aggravated assault lawyer as soon as possible. An experienced attorney will be able to put together an effective defense to help lessen or dismiss any penalties associated with your charge.
Factors of Aggravated Assault
There are many aggravating factors that can cause enhancements for various penalties for those facing assault charges. For example, if the alleged victim is either elderly, blind, disabled, pregnant, or has an intellectual disability, these could be considered aggravating factors depending on the case, which would call for an enhancement of penalties. If the crime is assault in the third degree but the person assaulted is elderly, blind, disabled, or pregnant (even though it remains a Class A Misdemeanor), a conviction under that section would expose that individual to a year of mandatory imprisonment, which the court cannot suspend or reduce.
In most of the assault cases in Darien, it will be a case of specific intent, though in some cases, it could be recklessness or criminal negligence. Generally, prosecutors will need to prove a certain level of intent to cause bodily injury on another individual. If a dangerous or deadly weapon is involved, an assault may become aggravated even without any specific intent to injure.
Serious Bodily Injury
Depending on how serious the injury was and whether a deadly weapon was used, if someone is convicted of aggravated assault, they could face a period of incarceration, as well as probation and expensive fines.
A serious injury would likely mean a broken bone, concussion, laceration requiring stitches – typically something requiring a visit to the hospital. More severe injuries would be included, such as disfigurement, or permanent disabilities. Serious bodily injury means an injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. In these types of cases an aggravated assault attorney in Darien is imperative to building a strong defense.
Assault with a Deadly Weapon
A few different subsections incorporate assault with a deadly weapon. The most common is assault in the first degree, which is a Class B felony where there is a serious injury caused by a deadly weapon or a dangerous instrument. Assault with a deadly weapon is classified as a Class B felony.
The most common deadly weapons considered are firearms, any kind of gun (handguns, pistols, etc.) or knives, but Darien aggravated assault attorneys also see other potentially dangerous objects such as scissors, baseball bats, and tools (such as a hammer or wrench), which could all be considered deadly weapons under the law as they could cause serious bodily injury to another person.
Contacting an Attorney
It is important for an individual to contact an attorney as soon as possible because aggravated assault is a crime that could affect an individual’s permanent criminal record, as well as future background checks, employment, and their social reputations. A skilled Darien aggravated assault attorney will be able to best aid an individual in either reducing or dismissing any possible charges they may be facing.