Norwalk Second-Degree Assault Lawyer
The term assault can refer to a number of different crimes in Norwalk, Connecticut. These crimes differ in severity based on circumstances, and the majority of them of are classified as felony offenses. Connecticut statutes set forth a number of different scenarios that are considered assault in the second degree, and the penalty for this offense can increase when a severe injury is involved. If you have been arrested for Norwalk second-degree assault, get in touch quickly with an experienced assault attorney as soon as you can. A Norwalk second-degree assault lawyer can help you collect important facts that support your desired outcome.
Common Norwalk Arrests
Norwalk second-degree assault lawyers often see these arrests in connection with domestic violence incidents. These assault Second charges always piggyback a Norwalk domestic violence Disorderly Conduct arrest.
If this is the case, then an individual needs to be ready for their arraignment or restraining order hearing, which will take place at Norwalk Superior Court on the very next business workday morning. A court will have the power to order them out of their home for months, and even issue a full no-contact order as between them and their family.
Impact of Intent on Assault Cases
One key element common to most assault second-degree charges is the element of intent. Before an individual may be found guilty of assault in the second degree, it must be proven that the individual either specifically intended to cause an injury or acted so recklessly to cause a serious injury.
Connecticut lawmakers have defined reckless conduct to mean that:
- The individual was aware of the risk
- The risk was substantial and unjustifiable
- The individual consciously disregarded the risk
- A reasonable person would not have disregarded a risk of this magnitude
Justifying an Arrest
There are seven situations that can trigger a second-degree assault in Norwalk under CGS 53a-60. Additional statutes build onto these situations by adding elements such as the use of a firearm or injuries sustained during a Norwalk DUI/DWI. Anyone who is in need for more information on the legal justification of their charge should contact a Norwalk second-degree assault lawyer.
The circumstances that constitute second-degree assault include acting with intent to cause serious physical injury:
- To another and causing such injury either to the intended party or a third party
- And causing injury through the use of a deadly weapon or dangerous instrument (including a firearm that is used as a club but not discharged)
- And acting recklessly and causing serious physical injury to another through the use of a deadly weapon or dangerous instrument
- An individual on parole acting with intent to injure personnel from the Board of Pardons and Paroles and causing such injury
- Causing serious physical injury to another by striking the other on the head
- Causing such injury to another lying down by striking or kicking in the head
- Other than in the course of medical or therapeutic treatment, acting with intent to put another into a stupor or cause other impairment or injury through the use of a drug or other substance
Jail Penalties for a Second-Degree Offense
Assault in the second degree is now classified as either a Class C or Class D felony, depending on the circumstances. If the injury caused by the assault is considered a serious physical injury, then the case is treated as a Class C felony and those convicted face up to ten years in prison and a fine of up to $10,000.
In other cases, the crime is treated as a Class D offense and the penalties are reduced to a maximum of five years’ imprisonment and a fine of up to $5,000. In some situations, additional consequences apply. For instance, in the case of assault in the second degree with a motor vehicle (a Norwalk DUI/DWI with serious physical injury), a conviction triggers a license suspension and mandatory use of an ignition interlock device once driving privileges are restored.
Because the individual’s state of mind is such a key element of a second-degree assault case, it is essential to act quickly to preserve relevant evidence. A Norwalk second-degree assault lawyer will know the steps to take immediately to help ensure that your case is thoroughly investigated and presented to the court in the best possible light.