Stamford Assault Charges
There is no crime for battery in Connecticut. As defined by Stamford law, an individual commits assault when they intend to cause physical injury to another person, and they cause that injury. Any unwanted physical contact that is intentional and results in an injury to another person is considered an assault.
Speaking with an experienced assault lawyer can be vital to your defense for assault charges in Stamford. A Stamford assault lawyer can assess the facts of your case and advise you on the most suitable approach for your desired outcome.
Common Assault Charges in Stamford
The terms reasonable apprehension, immediate harm, or unwanted contact do not apply to Connecticut criminal law – they are terms used in a civil context. However, in order for a criminal assault to be completed, there must be some sort of unwanted contact between two parties.
The most common domestic violence charge in Stamford is assault in the third degree. Assault third is the least serious charge in Connecticut. A person is guilty of Third Degree Assault when they intent to cause a physical injury to another person and they cause the injury to the person. For example, if a person slaps someone they can be charged with Third Degree Assault because the intended to slap the other person, and they did so. There doesn’t need to be any type of serious injury, as long as there is intentional unwanted touching.
Stamford Law Enforcement
The Stamford Police Department takes the assault charges very seriously, especially if the charge arose from a domestic violence incident. If it is a domestic violence assault charge, the Stamford Police will usually enter a Protective Order to protect the party that was injured. In this situation, the threatening party will be arrested and arraigned in court the next morning.
Assault charges are intimidating for anyone to face alone because they carry severe consequences and often come with many moving parts. A Defendant charged with assault is exposed to jail time, court fines and probation, and needs to start working immediately to mitigate these punishments. Further, these charges are also intimidating because protective orders are often entered against the defendant in a case when the assault arises from domestic violence.
For some, this means that they cannot return to their home where they reside with their family full time for the pendency of their case – up to two years. Lastly, a person’s reputation is on the line when they are charged with a crime such as assault. Defendants often lose their jobs because of the stigma of an assault charge. The possibility of having that kind of charge on a Defendant’s permanent criminal record is daunting.
Protective Orders and Restraining Orders
Both Restraining and Protective Orders are put into place to protect a party who is deemed to be in imminent physical danger. A judge can enter a Restraining Order when an application is filed in civil court. In domestic violence cases, there will be a hearing where the judge will determine if the restraining order should be entered.
A Protective Order can be put in place by police officers when they respond to a domestic situation and initiate an arrest. For example, if two people are fighting in their home, and the police come to the home to arrest one party, they will likely put a 24-hour protective order in place to protect the other party that resides in the home. After the 24-hours expires, it is up to a judge to decide whether a protective order needs to be in place.
Benefits of Having an Attorney
There are many benefits of having an attorney when facing assault charges in Stamford, especially in the beginning of your assault case. An experienced attorney will immediately preserve important evidence when their client is arrested for assault. It is not unusual for evidence to be destroyed before a case gets to trial, which is why experienced attorneys will motion the court to preserve the evidence very early in a case to prevent this from happening. This evidence might include video surveillance and medical records and hospital reports from the alleged victim.