Darien Second-Degree Assault Lawyer
As defined by Stamford law, Second Degree Assault is constituted as any unwanted physical contact that causes a serious physical injury. The use of a dangerous instrument or deadly weapon is not necessary. Second Degree Assault can be any type of unwanted contact.
If accused of this offense, a Darien assault lawyer can be invaluable to planning your defense if you are facing Second Degree Assault charges in Darien. A Darien second degree assault lawyer can guide you through planning an appropriate defense towards a desirable outcome for your future.
Role of Intent
The individual alleged of Second Degree Assault has to have intent to be charged, meaning, that the individual intended to cause serious injury to another person. The relevance of the word intent is to establish that if the incident in question were an accident it would not rise to the level of Second Degree Assault.
If a person is charged with Second Degree Assault in Darien they face up to five years in prison. However, this does not mean Second Degree Assault has a mandatory minimum of five years. There is no mandatory minimum for Second Degree Assault. The individual charged also faces a court fine of $5,000 and probation for years.
Second Degree Assault is a Class D Felony. An individual commits Second Degree Assault when they intend to cause an injury to another person, and does cause that injury. If the injury is more serious, the Second Degree Assault charge will rise to the level of a Class C Felony.
The long-term consequences of a Second Degree Assault conviction are roughly the same consequences a person faces with a First Degree Assault conviction. There is the same stigma that comes with having a criminal record. The only difference, as a Darien second-degree assault attorney can explain, is the degree of punishment a person might face.
Prosecution’s Elements of the Crime
In Darien, the court considers a serious injury to be any broken bone or injury that requires surgery to correct. A prosecutor must prove intent and injury. Intent is probably the most difficult element for a prosecutor to meet in these cases. For example, if an accident caused an injury, the prosecutor would be unable to prove intent. Intent speaks to a person’s state of mind at the time of the injury.
An accident can be a defense that a Darien second-degree assault lawyer can use. If the alleged victim reports to the court that a serious injury occurred but there are no corroborating medical records to prove the injury, the prosecutor will have a difficult time proving this element. They would rely on the evidence, including medical records, pictures, the police report, etc.
Contacting a Second Degree Assault Attorney
All Stamford assault cases are heard at the Stamford Superior Court, located at 123 Hoyt Street. An attorney will verify the person’s alleged injuries to ascertain whether they were serious which speaks to the charge. The attorney would then file a motion to preserve the medical records, CT scans, X-rays and anything else that was reported in the police report. The police may write in the report that the person suffered two broken legs but the medical records may indicate a sprained ankle. This is used to mitigate the injury that was caused.Someone accused or facing Second Degree Assault charges in Darien should consult an attorney for their next steps.