Factors Impacting Greenwich Third-Degree Assault Penalties
Assault like other violent offenses is a serious crime with equally serious penalties. There are certain factors impacting Greenwich third-degree assault penalties that can either increase or decrease the severity of consequences that a person may face. That is why it is important for individuals to seek the services of a skilled assault attorney. A capable lawyer could examine the facts of a person’s case and help them take the necessary steps to defend their case.
Alcohol and Drug Use as a Factor in Assault Cases
In the event the person facing a third-degree assault charge was under the influence of drugs or alcohol, that might change the case if they are attempting to address it. The court might look more favorably on the defendant and be willing to be more lenient. Thus, an experienced attorney will set them up for it or recommend that they see a licensed alcohol and drug counselor show that they are dealing with the underlying problem. If they can maintain their sobriety and have no more issues related to substance abuse, eventually that could be favorable by showing the court they would not be at risk of re-offending if the charge is dropped.
Ways a Previous Record or a Habitual Offense Could Impact a Case
A repeated offense of a third-degree assault charge compared with a first-time offense in Greenwich is not treated differently. Because there is no provision for an enhanced sentence under the relevant sub-section of the law. The court will know, however, that the person has been there before on the same charge, and especially if it is the same alleged victim, it will look at a subsequent charge more severely. Then, the comparison is perhaps between a fine or probation the first time and jail or something similar for the repeated offense.
That being said, one of the biggest factors impacting Greenwich third-degree assault penalties is a preexisting criminal record. In the event that a person charged with third-degree assault has a criminal history, that might have an impact on the case if the other charges did not involve assault. For example, if it was a DUI or something drug-related, the person is still eligible for getting the case dropped by undergoing counseling or the Family Violence Education Program. But, if the criminal history is related to domestic violence in the third degree, they are likely not going to be eligible for those options and the court will want a conviction to remain on their record.
Determining Sentencing for Third-Degree Assault
There are a variety of factors impacting Greenwich third-degree assault penalties. How sentences for a third-degree assault conviction is determined in Greenwich depending on the person’s history, whether they have been in trouble before, especially with the same victim. It would also depend on the victim’s input. At least slightly, the victim would be able to meet with the prosecutor and speak about what they wanted to happen in the case. It also depends on how bad the overall incident was, whether it was a push or the defendant touched the other person in the face. That is a different set of facts and the latter would obviously have a harsher sentence.
Importance of Defendant Credibility in Assault Cases
One of the factors impacting Greenwich third-degree assault penalties that people sometimes forget is credibility. A defendant’s credibility can help reduce a third-degree assault charge in a Greenwich court if they are credible. It gives the defense attorney leverage to get the charge dropped, to get the client in the Family Violence Education Program, or if it goes to trial to try to convince the jury or judge that the person is not guilty. That credibility cannot necessarily help reduce the charge to a different assault charge, because it is the lowest level of assault in Connecticut. That said, while it can help reduce the charge in some instances, it can help get a different charge substituted, for a charge of disorderly conduct, breach of peace, or even an infraction of creating a public disturbance. A capable assault attorney could help establish an individual’s credibility and help build a solid defense for them, which is why it is important for those who have been charged to seek the legal assistance of assault lawyers in Greenwich.