Fairfield Aggravated Assault Lawyer
Assault charges in Fairfield Connecticut are frequent in domestic violence cases in Fairfield. While all assault offenses are serious, an aggravated assault charge such as assault second or first-degree carries the potential for even greater penalties including lengthy jail sentences and substantial fines.
As the best assault lawyers could explain, Connecticut laws governing aggravated assault are complex and vary a great deal in severity based on the circumstances involved in the case.
An experienced Fairfield aggravated assault lawyer can not only help prepare the best defense but also serve as your advocate throughout the proceedings.
Simple Assault vs. Aggravated Assault Charges in Connecticut
Although Connecticut statutes only use the term “aggravated” in a few instances, such as the statutes pertaining to sexual assault crimes, there are numerous factors that can be said to aggravate a simple assault third-degree charge and increase the severity of the crime as well as the potential penalties.
These factors include circumstances such as the age of the alleged harmed individual victim, the type of injury suffered, or the use or threatened use of a weapon.
Third Degree Assault Charges in Fairfield Connecticut
The least serious assault charge is third-degree assault which under CGS §53a-61 of the Connecticut penal code. A Fairfield arrest for assault third degree occurs when an individual intentionally injures another person, recklessly causes a serious injury to another, or injures another through the negligent use of a weapon.
Assault third degree charges in are considered Class A misdemeanors. This means that the maximum penalties include incarceration for up to one year and a fine of no more than $2,000.
Second Degree Assault Arrests in Fairfield CT
More serious is a charge of assault in the second-degree.
A top Fairfield aggravated assault lawyer could explain that CGS 53a-60 sets out 7 common scenarios for a Connecticut second degree assault arrest:
- Causing serious injury to another intentionally
- Causing any injury intentionally through the use of a deadly weapon other than a gun
- Causing serious injury to another through reckless use of a deadly weapon
- Administering a drug to another without consent in order to cause physical impairment
- Assaulting a parole board employee while on parole
- Striking another on the head without provocation in order to cause serious physical injury
- Kicking or striking another person who is lying down
What is the Punishment for an Assault Second Degree Arrest?
Assault second is generally a Class D felony, punishable by up to 5 years in prison and a $5,000 fine. If the resulting injury is serious, the jail penalty can increase to 10 years while the potential fine increases to $10,000.
Other factors that aggravate an assault charge include the use of a firearm, driving a motor vehicle while intoxicated, or assault upon an individual who is elderly, disabled, or pregnant.
First Degree Felony Assault Arrests in Fairfield CT
All first-degree assault arrests are considered aggravated assault because they occur when aggravating factors are included in a simple assault scenario. However, the offense can be aggravated still further when committed against a vulnerable individual who is elderly, pregnant or handicapped.
Under the statutory definition contained in CGS § 53a-59 of the Connecticut penal code, assault in the first degree occurs when an individual intentionally causes serious injury with the use of a deadly weapon, intentionally causes a serious disfiguring injury, recklessly creates a risk that causes serious injury, or causes serious injury with the assistance of others or intentionally causes injury by firing a gun.
Assault in the first degree is usually a Class B felony with a maximum prison sentence of 20 years, but an aggravated assault that results in the termination of a pregnancy increases the severity of the crime to a Class A felony with even higher penalties.
How a Fairfield Aggravated Assault Attorney Could Help
With potential penalties this severe, it is important to work with an attorney who understands how courts have applied the assault laws in different circumstances and how to devise the best defense strategy for your case. If you are facing aggravated assault charges, contact a top Fairfield aggravated assault lawyer as soon as possible.