Fairfield First-Degree Assault Lawyer
Although Fairfield, Connecticut is typically regarded as a quiet, suburban town with little violent crime, arrests in Fairfield Connecticut for assault first-degree can occasionally arise, especially in Fairfield domestic violence scenarios or Fairfield University fights or parties that get out of hand.
Of all the various assault offenses that are outlined in the Connecticut penal code, assault in the first-degree is the most serious. The severity of the crime is determined by the degree of injury suffered, the means and method of physical force, and the state of mind of the party causing the injury.
That is why anyone arrested in Fairfield, Connecticut for first-degree assault under C.G.S. 53a-29 should contact a Fairfield first-degree assault lawyer as soon as possible. Get in touch with an experienced assault attorney who can start building your defense.
Penalties for Assault Convictions
All assault arrests are immediately transferred to Bridgeport Superior Court, located at 172 Golden Hill Street because Fairfield Connecticut does not have a criminal courthouse of its own).
As a Class B felony, Assault in the First Degree is an extremely serious offense. Those convicted face up to 20 years in prison and a fine of up to $15,000. Often a mandatory minimum sentence applies, depending on the circumstances and identity of the party suffering harm in the assault (such as an elderly or pregnant person).
Role of Intent in Assault Cases
One key requirement of Fairfield first-degree arrests involves the state of mind of the individual causing the harm. In order for the offense to constitute assault in the first-degree, the individual must intend to cause injury or act with reckless indifference to the likelihood that such actions could seriously harm others.
While the individual must intend to harm another, it is possible that the individual intended to harm one person but instead caused harm to a third party. That still satisfies the element of intent.
Other key points in a first-degree assault case often hinge on a factual determination of whether a deadly or dangerous instrument was used (like a bat, gun, knife, brass knuckles, or other weapons) and whether an injury was sufficiently serious to trigger the first-degree assault classification.
What Constitutes Assault
The Connecticut criminal law section that governs first-degree assault arrests sets forth five different scenarios that model what constitutes assault.The first, and perhaps most common scenario occurs when an individual intends to cause serious physical injury to another and then does cause such harm with the use of a deadly weapon or another dangerous implement. The second situation takes place when an individual intends to cause permanent disfiguration or destruction to the body part of another and does cause such harm.
Although the third situation outlined in the statute does not require the individual to act with specific intent to cause injury, it requires the individual to cause serious physical injury to another while acting recklessly with extreme disregard for the health and safety of others.The fourth scenario occurs when an individual intends to and does cause serious physical injury to another with assistance from two or more other individuals. Finally, the fifth situation takes place when an individual acting with intent to cause harm to another discharges a firearm and causes such harm.
Contacting a Lawyer
If you have been arrested in Fairfield for assault in the first-degree, then it is important to seek counsel from an experienced attorney as soon as possible. As a serious crime with potentially devastating penalties, first-degree assault requires serious consideration. When you work with an experienced Fairfield first-degree assault lawyer, your attorney can work to ensure that the circumstances of your case are fully investigated and presented in the most favorable light. Contact a lawyer who can get started on your case today.