Stamford Third-Degree Assault Lawyer
When someone is charged with assault in the third degree, the other party is typically alleging that the individual caused injury to someone else with the intent to cause physical injury. A common example of third-degree assault is people getting into arguments and one person puts their hand on another, causing some sort of injury. Another example is a fight out in public, and one person punches another or touches them in any way, hurting them with the intent to hurt.
Assault in the third degree is an A misdemeanor, the highest misdemeanor in Connecticut and it carries a penalty of up to a year in prison. Therefore, it could be critical to speak with an attorney who has experience in assault criminal cases who could prepare a defense on your behalf. Contact a Stamford third-degree assault lawyer as soon as you learn of the investigation or charges against you.
Is Assault Considered Domestic Violence?
Domestic violence is when a criminal violence occurs between two people who are related by blood or marriage, are dating, or living together. Common examples of domestic violence in Stamford are couples getting into an argument about child care and parents, and children getting into arguments about things within the home, or even fights between older siblings in their teens and their 20s living together in their home.
Charges can be brought against both parties in a domestic violence case, and often the police make a dual arrest or arrest everybody involved. Third-degree assault is considered domestic violence when the two involved fall under a category in Connecticut Law. It can be critical for anyone accused of causing bodily harm in a domestic setting to speak with a third-degree assault attorney in Stamford right away.
Understanding Applicable Statutes to Assault Cases
Some Stamford-specific statutes that domestic violence can apply to are assault in the third degree include breach of peace, creating a public disturbance, and risk of injury. As a Stamford third-degree assault lawyer knows, different statutes can complicate a domestic violence charge because every statute covers a different crime, such as committing assault. Sometimes that makes the case more difficult to resolve quickly.
Defining the Sentencing Process for Third-Degree Assault
The general process for sentencing is that after the person pleads guilty or is found guilty, the judge will order a pre-sentence investigation in which the probation department will interview defendant and find out all about their life, and report it to the judge. The judge will read everything, both sides will make arguments, and the judge will decide the sentence.
In a third-degree assault conviction in Stamford, the judge can give a person up to one year in jail, and it is the judge’s discretion whether to give them less based on the presented reports or arguments. Depending on what happens at trial, if a person is convicted of third-degree assault, after the trial there are most likely issues to be appealed.
Likelihood of Appealing Stamford Third-Degree Assault Sentencing
Appeals of a third-degree assault conviction generally can be made only once at each court level, one to the appellate and one to the Connecticut Supreme Court, and then no further options for appeal. If a conviction of a third-degree assault is overturned, typically the conviction is vacated and there is either a new trial or the case is done.
The time it takes for a third-degree assault case in Stamford to go from an arrest to trial is typically one to two years. A Stamford third-degree assault lawyer could try to help someone defend their rights so that they move on with their lives.