Ridgefield Second-Degree Assault Lawyer
Assault in the second-degree is not like a routine breach of peace ticket. Second-degree assault arrests are felonies, punishable by multiple years in prison and significant fines. If you have been arrested for assault in the second-degree, then you need to get in touch with a competent assault lawyer in Ridgefield right away. A Ridgefield second-degree assault lawyer can advise you of the best defense strategies, begin the investigation process, and may want to file motions to preserve digital surveillance evidence and social media evidence that can help you prove your innocence.
Domestic Violence Assault Arrests
Ridgefield second-degree assault lawyers frequently see second-degree assault arrests go hand-in-hand with domestic violence cases. All Ridgefield domestic violence cases are referred to Danbury Superior Court on the very next business morning because Ridgefield does not have its own criminal courthouse.
There, a person will be served a brief protective / restraining order hearing where a judge will quickly decide whether you are allowed to return home and whether you are permitted to have any contact with their spouse, children or significant other.
Scenarios that Result in Arrests
Assault in the second-degree arrests in Ridgefield are governed by CGS 53a-60 of the Connecticut code.
The first part of this statute sets forth seven situations that constitute second-degree assault:
- Where one person intentionally causes serious physical injury to another person
- Where one person intentionally injures another person with a deadly weapon or dangerous instrument other firing a gun
- Where one person uses a deadly weapon or dangerous instrument recklessly and causes serious physical injury to another person
- Where one person intentionally gives a drug or similar substance to another person causing the other to lose consciousness or suffer impairment or injury and the drug was not administered as part of lawful medical or therapeutic treatment
- Where a parolee intentionally injuries a member or employee of the Board of Pardons and Paroles
- Where one person causes serious injury to another person by hitting that person on the head without provocation and with the intent of making the other unconscious, and
- Where one person intentionally injures another person who is lying down by hitting or kicking that person in the head
Note that all of these situations require the person causing the injury to be acting with the deliberate intent to cause injury or with reckless disregard as to the probability of injury.
Jail Penalties for Arrests
Second-degree assault is typically classified as a Class D felony, punishable by up to 5 years in prison and a fine of up to $5,000. But when the assault causes serious physical injury, the crime is elevated to a Class C felony and the corresponding sentences are doubled so the potential fine becomes $10,000 and the prison sentence extends to a maximum of 10 years.
Additional penalties apply in circumstances such as those involving firearms or where the individual injured is elderly, disabled, or pregnant.
Assault in the Second-Degree with a Firearm or Motor Vehicle
Section 53a-60a(a) describes assault in the second degree with a firearm as occurring when a person who commits one of the seven acts described above in conjunction with a pistol, revolver, shotgun, rifle, or another handheld gun.
A gun does not necessarily need to be used in order to commit this offense. All that is necessary for an assault second with a firearm arrest is for a person to:
- Possess a firearm and threaten to use it
- Display a firearm
- Act as if possessing a firearm
- Say that he has a firearm
Assault in the second-degree with a motor vehicle is called a DUI / DWI assault second, and it refers to when an individual operates a motor vehicle while under the influence of alcohol or drugs and cause serious physical injury to another.
Talk to a Ridgefield Assault Attorney
If you are facing second-degree assault charges in Ridgefield, then you need an attorney who will investigate all of the available evidence and work toward the best possible outcome in your case.
When you work with a top Ridgefield second-degree assault lawyer, your attorney will stand by you at each step in the process, providing advice and advocating on your behalf.