Darien Simple Assault Lawyer

Simple assault is referred to in Darien, Connecticut as assault in the third degree. It is a Class A Misdemeanor and is classified as any kind of physical contact that causes any type of physical injury. Although it is not a felony charge, a charge of simple assault can still carry serious penalties making it pertinent that those accused contact a Darien simple assault lawyer as soon as possible. An experienced assault attorney will be able to craft a case to help lessen or dismiss any potential penalties you are facing.

Elements of the Charge

One subsection of the definition of simple assault is that if someone intends to cause physical injury to another person and then does it, they could be guilty of assault in the third degree. If a person recklessly causes serious physical injury to another person, that could also be assault in the third degree. Finally, if someone is criminally negligent and causes a physical injury to another person with a deadly weapon or dangerous instrument, that could also constitute third-degree assault in Connecticut.  The most common type of assault in the third degree in Darien is when someone intends to cause a physical injury and does. To defend against such a charge, it is important that an individual contact a knowledgeable Darien simple assault attorney immediately.

Types of Misdemeanors

In Connecticut, different mental states require different levels of injury to constitute misdemeanor assault. If someone intends to cause physical injury, the only required injury would be any kind of physical injury. If someone is being reckless and not intentionally causing harm, then a serious physical injury would be necessary in order to charge them with assault in the third degree.

Further, if someone is only being negligent when causing harm, and not being reckless or intentional, then a physical injury plus some kind of deadly weapon or dangerous instrument would be necessary to charge them with assault in the third degree. All of the assault crimes in Connecticut do actually require that physical touching and physical injury actually occur, and can best be defended with the assistance of a simple assault lawyer in Darien.

Case Process

When bringing the case to trial, an individual has a right to either a trial by jury or a bench trial. The defendant will usually talk to their attorney and try to figure out what is best for their particular case. This all depends on the facts of the case as to which would be more helpful.

For a Class A misdemeanor, the maximum penalty is incarceration for one year. There could also be a period of probation and fines associated with a conviction or a guilty plea. All simple assault cases are heard in the Stamford Superior Court.

Contacting an Attorney

It is important for an individual to contact an attorney because simple assault is still a crime that could affect an individual’s permanent criminal record, background checks, employment, and their reputation in the community. A seasoned Darien simple assault attorney will be able to best assist an individual in either reducing or dismissing any possible charges.

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