Darien Third-Degree Assault Case Process
When initiating the Darien third-degree assault case process, law enforcement will likely conduct an investigation in the accusation or alleged offense. It typically entails interviewing the person who called them and then interviewing the parties in the argument which often initiates an arrest.
A typical investigation of a third-degree assault in Darien begins by interviewing the person allegedly assaulted to figure out what happened in the fight and how the assault allegedly occurred. It is important to have a distinguished third-degree assault attorney by your side throughout the investigation and trial process.
Common Third-Degree Assault Arrests
A typical arrest for assault in the third-degree in Darien will have the person taken to the Darien Police Department where they will be handcuffed and fingerprinted. Then they will be able to be released on a bond and given a court date. If the arrest occurred in a domestic violence setting, the police will often also put a protective order into place to protect the person who complained of assault. That means that the person who was arrested is unable to contact the alleged victim until after their first court date or until after the court modifies the protective order to allow contact.
There are some third-degree assault cases where a person is not taken into police custody and fingerprinted and photographed by they are still arrested, this typically occurs when the police investigate an incident, the assault might be very minor and it typically is not a domestic violence case. So, if an incident happened outside of home and there is not a serious physical injury, the police might just issue a misdemeanor ticket and if it is summons and complaint that it looks like kind of a speeding ticket and it gives the person their next court case that they have to appear in court and it they are released with a promise to appear in court on that court date.
Third-Degree Assault Trial Process
The Darien third-degree assault case process is much like other criminal cases and would be held before a jury. The state would have to put on evidence to show that the assault took place and the defense would rebut it and argue before the jury that no assault took place.
The timeline for a trial process is Darien begins with the case placed before the court and the prosecutor and defense counsel negotiating a compromise. If they cannot reach an agreement, the case will be put on a trial list in Stanford Court. When it is called is up to the length of the list and the presiding judge. Once the judge calls the trial list, it can proceed at any time. If the defendant is convicted, the judge will sentence them.
Understanding the Timeframe
From the time someone is arrested for third-degree assault in Darien to the time their case is closed can be up to two years. The case could last up to two years if the person enters a court diversionary program to get their case dismissed. If the accused chooses to take their third-degree assault case to trial, the case can be pending for longer than two years, depending on the amount of cases pending on the court’s trial list.
Treatment of Assault Cases
An assault in the third-degree arrest is treated more seriously if it is a domestic violence dispute so that – if a person is arrested for assault in the third-degree in a domestic violence scenario, they will most likely be taken to the police station to be booked and fingerprinted and then a protective order will most likely be put into place. If it is not a domestic violence case, the Darien third-degree assault case process is often less severe. The police have the discretion to not take the person to the police department, it is uncommon but the police can issue the summons and complaint on the scene of the alleged assault and then the officer will put a protective order into place at that time.
Are There Alternate Ways to Handle a Third-Degree Assault Case in Darien?
The Darien third-degree assault case process may not lead to a trial if a defendant is eligible for a first-time-offender diversionary program. The person would plead to the court to be granted the program and their attorney would seek a hearing to get them into the program. If they complete the program, their case ultimately will be dismissed.
Some alternatives to a trial for third-degree assault in Darien for a first-time offender is to attend a diversionary program if it is available, taking some other steps the prosecutor wants a person to complete in order to get their case resolved, or having the person plead to the crime. An attorney typically would not use the last alternative unless they can get a reduced charge from the prosecutor.