Darien First-Degree Assault Lawyer
A person is guilty of first-degree assault in Darien when, with intent to cause serious physical injury to another person, they cause such injury to them by means of a deadly weapon or dangerous instrument. These charges can be very serious, so it is important to build a defense as soon as possible. If you are facing charges of assault with a deadly weapon, you need to get the help of a skilled assault defense attorney as soon as possible. A Darien first-degree assault lawyer can begin working hard on your case quickly in order to obtain the best possible outcome for you.
Use of a Deadly Weapon
First-degree assault scenarios in Darien typically involve deadly weapons that are known to be dangerous, such as guns or knives. Dangerous instruments might include baseball bats and tools that can be used in a manner that can cause serious injury. It can obviously be a gun, a baseball bat, a tool from the garage. It depends on how the defendant used it. If the defendant used the dangerous object in order to cause serious harm, then it will be considered a dangerous deadly weapon.
Assault without the use of a weapon does not happen very often. If a person causes someone serious injury without the use of an instrument, that person can still be charged with first-degree assault. If a person has the intent to disfigure someone, or seriously and permanently injure them, they will be charged with first-degree assault and should consult with a Darien first-degree assault attorney as soon as possible.
First-degree assault cases are heard in the Stamford Superior Court. First-degree assault is when a person is guilty of assault upon an elderly person, a blind person, a disabled person, a pregnant person, or a person with an intellectual disability when they commit the assault. It can be tricky because if a person is committing an assault on someone, they may not know their exact age. The person may think the individual looks 50 years old and then get charged with this entire level of assault because the person they assaulted ends up being 60 years old. A person may assault a woman who does not appear pregnant and then finds themselves charged with a higher degree assault.
A first-degree assault offense in Darien is a Class B Felony. Anyone who is found guilty of this felony will serve a minimum jail sentence of five years. The judge and the court cannot reduce that sentence. The convicted defendant will serve five years up to 10 years. The sentence is discretionary, but the judge will sentence the defendant to at least five years, plus fines, and possible probation as well making it important that a Darien first-degree assault attorney is consulted.
If it is a serious crime, the judge will sentence the defendant to five years which they will serve, and a longer period of probation so that they are monitored by the authorities for the time they could have been in jail. That is how the court determines if the defendant will be placed on probation and for how long. That depends on the specific facts of each case.
Long Term Impact
There is a social stigma that will follow that person convicted of first-degree assault in Darien. Someone having a first-degree assault conviction on their record will make it harder for them to find employment because it is a felony charge. A lot of people and businesses do not hire felons. A felony conviction will negate the right to vote or to carry a firearm. Some people convicted of a felony can apply for a pardon later on. In order to apply for a pardon, the individual has to wait 10 years after the felony conviction. The wait time would be only three years for a misdemeanor conviction.
A felony conviction is on a person’s record for life unless they apply for a pardon or an expungement, and then there is no guarantee they will be granted a pardon.
Building a Defense
A Darien first-degree attorney may have the defendant plead self-defense, which is probably the most common defense people use. This applies to most first-degree assault charges because people do not generally come out with a deadly weapon unless they are defending themselves. Self-defense means the person feared for their life. Another defense could be whether that person has a past history of being abused or anything by the person who they assaulted. For example, if a woman was abused by her husband for several years and is charged with first-degree assault against her husband, the past history of violence would be a mitigating factor to show the court that the woman was defending herself because of past violence.
The court considers all aspects of a defendant’s life when prosecuting an assault charge. For example, if an individual was never arrested before, if this was the defendant’s first time being in trouble, if the defendant lives an upstanding life. If the behavior appears out of character to the court, the court is more likely to give the defendant a second chance. A skilled Darien first-degree assault lawyer is helpful in creating the best defense for their client.
Working with an Attorney
It is really important to hire an experienced attorney if an individual is arrested for first-degree assault. Prosecutors in Stamford take these cases very seriously. They will expect a defendant to be prepared for the court date, to understand all the offers that are made, and all the circumstances of their case, which an attorney will help the defendant through. Since there is a possibility of jail, this should be handled by an experienced attorney. An experienced attorney will represent the individual with the goal to get the charge dismissed, if possible, and to negotiate the jail sentence if they are convicted. Sometimes they can negotiate a longer probation and a shorter jail sentence in an effort to minimize the punishment. This would not be obtainable without the assistance of an experienced attorney.