Darien Third Degree Assault Defense Strategies
In a domestic violence third-degree assault case, the prosecution attempts to prove there was an intentional touching between the parties and there was an injury to the accuser. Determining appropriate Darien third degree assault defense strategies can be critical when fighting allegations of intent.
Intent to cause a physical injury is a key element in a domestic third-degree assault case. The intention of the defendant can influence a case, because if the State’s Attorney is unable to prove the physical injury was inflicted intentionally the State’s case becomes weaker. An established third degree assault attorney can provide peace of mind in building an argument you can be proud to present in court.
Common Assault Defense Strategies
When determining Darien third degree assault defense strategies, an attorney could begin reviewing all the police paperwork and making sure that everything was done properly, especially if the defendant gave a written or oral statement. The attorney will check to make sure that statement was taken properly by the police department and that a defendant was properly advised of their rights prior to giving a statement.
The attorney will also thoroughly review any statements given by an alleged victim in a case. The attorney will also look into the possibility of a defense that assault did not happen or that it was not intentional. The key element of the crime is intent. Sometimes in the heat of an argument someone can move their body and maybe bump into the other person and that can be viewed as an assault in some scenarios. But, if there was no intentional physical contact, that is a great defense in court.
What is Considered Legal Self-Defense?
Darien law defines self-defense as any act that is used to de-escalate the situation or to defend themselves from an aggressor. The key aspect of that definition is that the person’s defense cannot be stronger than whatever aggression they are facing. For example, if someone is being threatened with a punch in the face, the person threatened cannot shoot the person making the threat and claim self-defense. That response is more force than the person faced.
Self-defense can be misconstrued as an assault in the third degree when a person, in defending themselves and injures another person in the course of that defense. An example of these Darien third degree assault defense strategies could be as simple as pushing the other person away to avoid getting injured.
Impact of Assault Investigation Misconceptions
There are popular assumptions or generalizations about domestic violence that can color an investigation in Darien, including that all domestic violence need to result in an arrest. That is not always the case. Generally in Darien, anytime the police department is called to the scene of a domestic violence incident or to a home to investigate an argument, they may feel the need to arrest one party for domestic violence case even if they believe both parties are at fault. An arrest ensures there are no further arguments and that at least one party is removed from the argument under police supervision.
A Darien domestic violence assault in the third-degree attorney can help a person explain the circumstances that lead to the self-defense. It is helpful to show the court what was occurring before the alleged assault occurred because if the accuser was the initial aggressor in the case, it is important for the judge to see that the person arrested was only defending themselves from physical harm and not assaulting the alleged victim.