Weston Assault Lawyer
In Weston, an assault is defined as unwanted physical contact that causes any type of physical injury. Weston prosecutors take these charges seriously, especially if the assault could be seen as domestic violence. This is where many assault in the third-degree charges are filed – as a result of a conflict between spouses or significant others, roommates, or family members. The police are often concerned in these cases that someone might get more seriously injured if they do not take action.
If you are facing any type of assault charge in Weston, you should contact a Weston assault attorney as soon as possible. An experienced defense attorney can work hard on your defense and ensure that your rights are protected throughout the case.
Someone would be charged with criminal assault in the case of unwanted physical contact. The most common injuries generally considered serious bodily injuries are broken bones, disfigurement, damage to internal organs, and concussions. In Connecticut criminal law, reasonable apprehension of immediate harm actually does not apply.
In Weston as well, assault and battery are the same. There is no Connecticut crime for battery. Instead, any physical contact that is unwanted is classified as an assault.
Assault can sound like a serious violent charge. An assault charge can potentially affect one’s reputation as well. While people often think of an assault as being a really serious injury, it could actually be a small injury like a slap or a bruise on the side on someone’s arm, but it is a still a crime that could expose someone to jail time, probation, a fine, and a permanent criminal record.
The most common assault charge Weston assault lawyers see is assault in the third degree, and that is generally the least serious type of assault. This could be physical contact someone made, leaving a red mark, bruise, or some other very minor injury. Sometimes, an allegation that a person made contact is enough – even without leaving a mark.
Someone could file a police report in a case and try to get charges pressed against someone for a situation that was an accident. However, for the state to actually prove that the person was guilty of assault, even assault in the third degree, they would have to show that the contact was intentional.
Arrest often happens immediately, especially when the police show up and both people are still present. Police will then often take a quick statement from each person and then make an arrest of either or both people.
There is no actual statute called “aggravated assault”, but there are aggravating factors that can enhance the penalties for first, second, and third-degree assault charges. The most common aggravating factor seen by assault attorneys in Weston, is if the victim or the complaining party is elderly, blind, disabled, pregnant, or has an intellectual disability. That is an aggravating factor, and it would enhance the penalties. For example, even if someone is only charged with assault in the third degree, if the victim is elderly, meaning they are over 65-years-old, it is a Class A misdemeanor. If convicted, one has to serve a mandatory minimum year in jail that the court cannot suspend or reduce.
Penalties and Consequences
In addition to the mandatory year in jail for some cases, such as assault in the third degree on a pregnant or elderly person, there is still probation and a fine. There is a social stigma associated with assault, but in Weston, in these cases, it is even more severe. The social stigma involved in, for example, assaulting a pregnant woman, is even worse or even more damaging to one’s reputation.
Contacting an Attorney
In an assault, the prosecution is trying to prove unwanted physical contact. The degree of assault charged will depend on the ways that contact happened, for example, if a weapon or a deadly instrument was involved, or the severity of the injury. The definition of serious bodily injury that needs to be caused to prove assault is a little vague, so defenses from Weston assault lawyers commonly include the argument that an injury is not a serious bodily injury when the state thinks it is.
Another benefit of an attorney’s work, especially in assault cases, is that they can take action to preserve important evidence such as medical records, hospital reports, etc. An assault attorney in Weston can immediately file a motion to preserve the evidence in case it is needed for the defense in a later time.