Darien Third Degree Assault Charges

Darien law defines domestic violence as any crime that occurs between members of the family or household that causes physical injury, or fear that physical injury might occur. Darien third degree assault charges may fall under a family violence law. However, verbal abuse or an argument is not considered a family violence offense unless there is danger or a likelihood that danger will occur.

Speaking with a distinguished third-degree assault attorney regarding the type of offense you may be charged with could benefit the defense strategies you utilize in court. Contact a lawyer as soon as possible regarding assault offenses.

What is the Legal Definition of Third-Degree Assault?

Under Connecticut law, a person commits assault in the third degree when they intend to cause a physical injury to another person and they cause that injury. In Connecticut, an assault in the third degree is a serious charge. That does not mean that the injury was necessarily severe, just that the charge itself is a Class A misdemeanor with a potential for a jail sentence.

The Darien-specific statutes can complicate a domestic violence charge because they add an extra element in court that needs to be handled. Anyone can be charged with assault, strangulation, or reckless endangerment in criminal court, but there is the extra element if the crime occurs in a home or against the family member. The crime is more serious if it is associated with domestic violence, and punishment tends to be more serious.

Common Examples of Third Offense Assault Charges

Some common examples of third-degree assault in Darien are fights between relatives that would cause the case to become a domestic violence case, or fights between strangers. For someone to face Darien third degree assault charges, there must be some sort of injury to another person must be involved.

Common examples of domestic violence in Darien are arguments between spouses in the home that involve a physical altercation. It could also be an argument between siblings or any family member in a home or between anyone who resides in the same house, and some sort of physical act has taken place. No physical altercation has to occur, however, there must be a threat a physical violence or a likelihood that physical violence will occur.

Understanding How Assault Charges are Made

Darien third degree assault charges can be brought against whoever causes the physical altercation or initiates the physical assault. Connecticut can no longer make dual-arrests. In other words, only one party can be arrested in Connecticut with an argument or physical dispute between two parties.

Third-degree assault is considered domestic violence anytime an assault occurs between members of a family or people who live together. Family or household members are spouses, former spouses, parents and their children, people related by blood or marriage, or people who share a child together.

How an Assault Attorney Could Help

A criminal defense lawyer can help a person charged with third-degree assault in Darien by mapping out the plan for the case, going through all the allegations, and determining which allegations have the potential to be proven by the State of Connecticut. Attorneys could come up with a plan for the case and how they can work to get the charges dismissed, if at all.

Sometimes, if the case is easily provable by the state, it is better to apply for some sort of diversionary program that may get the charges dropped. If the case is not easily provable, the case could go to trial if the attorney thinks that they have higher chances of winning at trial. If you have been faced with Darien third degree assault charges, it may be critical to have the strength of your case evaluated prior to court.

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