Defending Simple Assault Charges in Darien
Most third-degree assault cases begin with type of altercation. Someone has intended to injure another person and then there has to be a type of injury. It usually occurs when some type of physical injury takes place and the police or an ambulance is called to the scene to investigate. If it is a domestic violence incident where an assault takes place, the police will come to investigate the scene. They will interview any witnesses and order medical treatment for any injured party and then that person will typically be transported to the hospital for further assistance. When this occurs, the accused party should consult with an experienced simple assault lawyer to help protect your rights and build a strong defense.
The defendant is arrested and taken to the police station to be booked. If the person cannot post their bond, they will be arraigned the next morning in court. If it is a domestic violence charge, they are always arraigned the next morning even if they post bond just so that they have an opportunity to have a protective order hearing in front of a judge.
Defending simple assault charges in Darien involve having to go speak to the office of family relations on their first court date. Usually, the family relations officer will ask them questions about what happened leading up to the event, what happened when the police came. Whatever is discussed in this meeting can be shared with the judge and prosecutor. An attorney will often attend this meeting with clients to make sure all questions were answered properly.
After a defendant meets with a family relations officer, they go to the courtroom where their case will be called before a judge. The judge decides whether a protective order should be kept in place or if a more serious one can be entered and then they get another court date.
Self-defense is usually the most common argument when defending simple assault charges in Darien. Sometimes there are dual arrests, which means that both people involved in a fight were arrested. In these cases, one party might argue that they were defending themselves from the other party. Another defense is that no injury was sustained by the other person.
The prosecution has to prove that a person intended to cause an injury and that the physical injury was caused. In all criminal cases in Connecticut, the state has to prove a case beyond a reasonable doubt. Another defense is that no serious injury resulted from the assault. Medical records speak to this defense.
Eyewitness testimony is often used in these cases. Proof of alleged injuries are also used as evidence. When defending simple assault charges in Darien, an attorney can subpoena medical records, and speak to anyone mentioned in police reports. If it’s a serious case, an attorney may hire a private investigator to go speak to eyewitnesses to see if they give any type of account which conflicts with what they said to the police.
It is helpful evidence that a person was drinking before they gave testimony to police – this speaks to the credibility of the evidence. If the assault took place in a bar, there is usually video and surveillance footage to prove the assault. If the bar is really crowded, it may show the court that their testimony can’t be taken seriously because they didn’t have a good view of the person who they are accusing.
Pre-Trial Intervention Programs
No classes are required for defending simple assault charges in Darien. Sometimes the judge will make a condition of release that someone has to complete counseling which is usually anger management. A judge might order a person to get evaluated by a mental health specialist and if they determine that they do not need any other classes, the judge will disagree with their determination. If the person is in the family violence education program or explore program, they have to complete anger management.
Connecticut diversionary programs are used in these types of cases if the defendant is a first-time offender and otherwise qualifies for the program. If a person is granted the program, the court gives them a second chance and, if they complete the terms of the program for however long the judge decides, the case will ultimately be dismissed. The most common diversionary program used in assault cases in Connecticut is accelerated rehabilitation; usually used for assault three.
For domestic violence cases, there is a specific program in Connecticut called the family violence education program. That consists of domestic violence classes. It is expensive and lengthy. There is a more serious program for men accused of assaulting women domestically. If the individual does complete the program, no matter how bad the assault was, even if the woman ended up in the hospital, if they complete the more strenuous program, assuming the judge decides that that is an appropriate punishment after a certain amount of time, their case will be dismissed after.