Building a Defense for Darien Assault Charges
Depending on the level of assault charged, if someone is convicted of assault, they could face incarceration, probation, and fines, as well as a permanent criminal record. The most common ways to receive enhanced penalties are if a dangerous weapon or deadly instrument was used, or if a serious physical injury was caused. Felony charges, as opposed to misdemeanor charges, result in longer periods of incarceration, and when a person is charged with assault with a deadly weapon, there will be incarceration sentences that cannot be reduced by the court.
Assault charges can carry serious penalties making it pertinent that those accused contact a Darien lawyer as soon as possible. An experienced assault attorney can begin building a defense for your Darien assault charges in order for you to receive the best outcome possible in your case.
When building a defense against assault charges in Darien, the most common defense is self-defense or the defense of others. Another defense may be showing that there was no actual injury caused.
Specific defenses and mitigating factors used are also typically going to focus on a lack of intent because there are some levels of intent required for any assault charge in Connecticut. If the accused did not intend to hurt someone else, but the situation happened by accident, that would be a defense of actual innocence.
The prosecution will need to prove that the defendant intended to and did cause a particular type of injury, and this will determine what level of assault the accused is convicted of.
Defense attorneys try to get witness statements, for example, statements to show that their client was acting in self-defense, or wasn’t the initial aggressor, or perhaps did not even hit the other person at all. Other important evidence includes medical records to show hopefully that the complaining party’s injury is not so severe as to convict them on any level of assault.
Alternative Sentencing Options
There are two diversionary programs available for people charged with assault for the first time. If the charge involved domestic violence or a close, familial relationship, the person might be eligible for the family violence education program, which is a pre-trial diversionary program. This program is similar to anger management classes and includes relationship classes. This can help the person earn a dismissal, so their attorney can submit an application for this program, and the court will have a hearing on it.
If the charge is not considered a domestic violence charge and does not fall into that program, there is also an Accelerated Rehabilitation or the AR program in Connecticut, which is a little more general, but a lot of the charges can fall into that program as well. Neither program is a right or a guarantee, but your attorney can put together a package to try to persuade the judge why the defendant is deserving of it.
Working with an Attorney
If someone is facing assault charges in Darien, it is essential to building their defense strategy with the help of an experienced assault attorney. If someone is facing a criminal record, that can affect their entire life, and there might be evidence that needs to persevere, whether it is text messages or surveillance footage or dashboard cams or medical records so they need the help of someone with the resources to build and protect their case. This evidence can be lost if a person waits too long, so an attorney might need to act quickly to preserve any relevant evidence for the person’s defense.
Anyone charged with any level of assault is risking a criminal conviction and a permanent criminal record, as well as a violent offense on their record, which could be really harmful to their reputation.