Fairfield Second-Degree Strangulation Lawyer
Fairfield police and Bridgeport prosecutors take allegations of strangulation very seriously. As a result, a Fairfield Connecticut second-degree strangulation arrest is a commonly-charged offense in domestic disputes.
Connecticut law classifies 3 different versions of strangulation as a crime, and two of them are classified as felonies with the potential for lengthy prison sentences, heavy fines, and other potentially life-changing consequences.
A Fairfield strangulation arrest is prosecuted in Bridgeport Superior Court. These cases are often prosecuted by state’s attorneys thoroughly versed in this area of law. That is why you need an equally experienced Fairfield second-degree strangulation lawyer to work with you to preserve evidence. A capable criminal defense attorney can fight for the best outcome possible based on your case circumstances.
Connecticut Strangulation Charges
Under Connecticut criminal law, an individual can be charged with any of three different types strangulation, classified as a first, second or third-degree charge. A first-degree penalty is the most serious, and the penalties are the most severe, while a third-degree charge is the least serious. It should be noted, however, that even third-degree strangulation is punishable by substantial jail time of up to 1 year.
Second and Third-Degree Arrests
An individual can be arrested in Fairfield for strangulation in the third-degree if they recklessly restrain another person by the throat in such a way that it interferes with a person’s blood circulation or ability to breathe.
Strangulation in the second-degree is a felony arrest in Fairfield and is defined as intentionally restraining another person by the throat or neck in a way that constricts the blood flow or interferes with the person’s ability to draw breath.
The factor that distinguishes second-degree strangulation from third-degree strangulation is usually the intent of the individual committing the strangling. If the individual is found to have acted with the intent to restrict breathing or blood flow, then the offense can lead to an arrest.
First-Degree Strangulation Arrests in Fairfield
The definition of first-degree strangulation is based on the above definition of second-degree strangulation. If an act of restraining by the neck or throat is committed with the use of a dangerous instrument, or if that act causes severe injury, then the act will be considered first-degree strangulation.
A second-degree strangulation charge in Fairfield also elevates to a first-degree offense if the individual committing the act has previously been convicted of the same second-degree strangulation crime. A Fairfield second-degree strangulation lawyer can attempt to mitigate the severity of the charges a person may face.
Jail Exposure and Penalties
Connecticut law classifies strangulation in the second degree as a Class D felony, which carries a 5-year maximum jail sentence and a fine of up to $5,000. Strangulation in the third degree is considered a Class A misdemeanor and exposes you to a year of jail and a maximum fine of $2,000. Finally, a first-degree strangulation arrest in Fairfield runs the risk of 10 years in prison and a fine of up to $10,000.
Get Help from a Fairfield Criminal Lawyer
In any domestic violence second-degree strangulation arrest in Fairfield, police, and courts impose protective and restraining orders at various points in the proceedings. These orders restrict contact between parties and often restrict your access to the alleged victim’s home, workplace or other premises. That is why it is critical to comply with the terms of these orders to avoid being arrested for the crime of Violation of Criminal Protective Order.
A Fairfield second-degree strangulation lawyer will provide advice on how to comply with orders, help seek less restrictive orders, work to collect and preserve key medical and hospital records, and provide counsel on the best way to proceed based on the circumstances of your case, all to achieve the best outcome possible for you.