Ridgefield Third-Degree Assault Lawyer
Under Ridgefield criminal law, third-degree assault occurs when a person intends to cause a physical injury to another person and then actually does cause that injury. The court also can find that a person is guilty of third-degree assault if the person recklessly causes a serious physical injury to another person. In Ridgefield, any sort of fighting or violent incident between members of a household, or those that are in a romantic relationship, constitutes domestic violence. If you have been charged with engaging in assault in the third-degree, consult a qualified assault attorney. Your Ridgefield third-degree assault lawyer can work towards a positive outcome for you.
Family Members as Defined by Ridgefield Domestic Violence Law
The definition includes a wide range of people. Under Ridgefield domestic violence law, a family or household member can be a:
- Current spouse
- Ex-spouse
- Parent of a child/co-parent
- Child
- Relative related by blood or marriage
- Co-habitant that the person lives with even if they are not related
- Person that the defendant is dating
Relationship Between Domestic Violence and Assault in the Third-Degree
In Ridgefield, typically, if a person is being charged with assault and is being accused of assaulting one of those family or household members, the case will be a domestic violence assault or assault in the third-degree. A person can be charged with a domestic violence assault in Ridgefield if they are accused of assaulting any sort of family or household member.
The Danbury Superior Court has different domestic violence statutes that dictate how a domestic violence case will be treated, and a statute that provides for the domestic violence offender program for those charged with domestic violence. A person is accused of third-degree assault in a domestic setting in Ridgefield under Connecticut General Statute 53a-61. This crime is a Class A Misdemeanor. The penalties for being charged with assault in the third-degree can be quite severe which is why it is important to contact a Ridgefield third-degree assault lawyer as soon as possible.
What Happens After an Instance of Assault is Reported
Once an instance of third-degree assault in a domestic violence setting is reported to the Ridgefield Police Department, the Police will investigate. Police investigations in these scenarios entail interviewing those present during the incident, anyone who witnessed the incident, and the alleged victim. Typically, police will arrest the party accused of committing an assault (if there is probable cause to believe an assault occurred) and will issue a 24-hour protective order.
Sometimes, a neighbor will hear shouting and will call the police to come and investigate, and the police will go to the home and speak to all the parties involved, will break up a fight, and will perform a brief investigation to determine whether an assault occurred and what steps need to be taken to protect the person who was assaulted. Typically, that means that they will end up arresting one of the parties and that’s the party that’s being accused of assault.
Duty of Ridgefield Law Enforcement Officer in an Investigation
The Ridgefield law enforcement officer investigating the situation needs to determine whether or not any party in the situation is in danger. If the officer thinks that an assault occurred and that one party is in danger, they will perform an arrest and issue a protective order to protect the party that was assaulted and, typically, will look for signs of any physical injury. If they come to a home and someone reports having been assaulted but there’s no sign of physical injury, the police will not typically perform an arrest unless there are other signs pointing to an assault.
Role of a Ridgefield Third-Degree Assault Attorney
After the Ridgefield Police Department conducts their arrest, they will bring the arrested person to the police station. It is at this point, that an individual should get in contact with a Ridgefield third-degree assault lawyer. The attorney can help the person bond out if they are capable of doing so. If the person cannot bond out, they must remain there overnight. The accused is arraigned in court the next day in Danbury Court in Connecticut. If an individual has been charged with assault in the third-degree, an attorney can be an invaluable asset in their case. A skilled lawyer can examine the facts of the case, and use the relevant evidence to build a defense.