Darien Third-Degree Assault Lawyer
Assault in the third degree occurs when a person intends to cause physical injury to another person and causes injury to another person, or someone recklessly causes physical injury to another person. In Darien, this offense is a Class A Misdemeanor which is the highest level of a misdemeanor and thus should be addressed only with the assistance of an experienced assault lawyer. A Darien third degree assault lawyer can help in mitigating the damage and ensuring that those accused know what to expect at each step of the legal process.
They are heard in the Darien Superior Court, located at 123 Hoyt Street, in Darien. There are two elements to third-degree assault in Darien, intent, and injury. The prosecution needs to prove that someone intentionally caused the injury to another person. The physical injury associated with the charge has to be a serious injury that someone intended to cause.
Third-degree assault is a Class A Misdemeanor. A person can face up to one year in jail, be placed on probation, and fined up to $2,000 for a guilty plea or conviction in court. The defendant facing Darien third-degree assault charges is still facing jail time up to a year and will still be on probation making it important that a Darien third degree assault attorney is contacted.
Probation is a big deal for a lot of people because they have to check in periodically and it can be difficult for some people to stay out of trouble. If the individual gets into trouble while on probation, they can face even worse charges, as well as the social stigma of being charged with third-degree assault. Additionally it is on your record for seven years.
Enrollment in Programs
If the individual charged with Darien third-degree assault is eligible, not charged with a felony, they can undertake a Darien Accelerated Rehabilitation Program. If they are granted enrollment in that program, the judge may order some other treatment, perhaps anger management. Once a person successfully completes that program, they can potentially have his case dismissed.
Contacting a Darien Third Degree Assault Lawyer
If a person is charged with assault in Darien, they should contact an experienced Darien third degree assault attorney immediately, because a Protective Order will be entered in a domestic violence case against the defendant. This gets tricky when the person lives with the protected party. The defendant cannot go home to their house for any reason. The defendant’s attorney can work with the court to try to have the Darien third-degree assault charge reduced.
The individual can file a motion and argue the motion before the judge as to why they should be able to go home or to communicate with the victim. The individual should also allude to the fact that it is important to preserve evidence, such as medical records, any video footage, body camera, and surveillance footage. The third-degree assault attorney would file the appropriate motions with the court before any of the evidence is destroyed.