Greenwich Third Degree Assault Lawyer
A third-degree assault is when somebody intentionally causes physical harm to another person. The primary difference between second and third-degree assault is the severity of the result or the injury to other person. Second-degree assault requires serious bodily injury as the result and the third-degree assault requires any injury whatsoever. The other major difference is the intention. Third-degree assault is when the defendant is trying to only hurt the other person, where a second degree is when the other defendant is trying to cause serious bodily injury or a lasting disfigurement or health condition.
If you are facing a charge of third-degree assault in Greenwich, it is important you have experienced legal counsel assisting you. An experienced Greenwich third-degree assault lawyer can build a strong case to help lessen or dismiss any penalties associated with your charge.
Burden of Proof
In order to convict an individual of third-degree assault, law enforcement has to prove the intent, the action, and the result, as well as the intention to inflict harm on another person. They must prove that the act is a voluntarily act seeking to purposely cause an individual a physical injury.
The types of evidence that they use are the witness testimony concerning the assault, video evidence if it is available, and then medical evidence or photographs to show the nature of injuries. Further, all Greenwich cases are heard at the geographical area courthouse in Stamford, Connecticut.
Third-degree assault is a Class A misdemeanor and carries a maximum term of imprisonment of one year, a probation of up to two years, and a fine of up to $2,000 or any combination of those three. A third-degree assault conviction, because it is a misdemeanor, carries a lot less long-term adverse consequences. Misdemeanors do not tend to result in as many forfeitures of rights and opportunities like licensures, voting rights, and things along those lines. It is also less prohibited for a person’s employment prospects moving forward in the future. It carries much less of a social stigma because of the lower severity of the crime. With that said, it is still a serious offense and should be avoided when possible with the help of a third degree assault lawyer in Greenwich.
A Greenwich third-degree assault lawyer will use the same types of evidence that say something different than what the state is trying to prove. If there is anybody that can prove or can support the notion that the person charged with third-degree assault took an action that was accidental, it was not the person who inflicted the harm on another person, or can speak to the circumstances that led to the event, it may tell something about the intent of the person charged with a third-degree assault.
Those circumstances can also speak to mitigating factors. The reason for the assault can make a big difference in the judge’s eyes. If it seemed to be an understandable provocation by the victim of the assault, the judge may be more lenient with the person charged with the assault. If, however, there does not seem to be any good reason for committing the assault, the judge will be more strict and put a more serious punishment on the person that is charged. With these factors in mind, it is imperative to consult with a Greenwich third degree assault lawyer to build a strong defense.