Weston Assault Penalties
Penalties associated with Weston assault could include incarceration, probation, and fines, depending on which degree of assault the person is charged with. The most common aggravating factor for Weston assault penalties that may affect how an assault cause is treated is if the victim is from a class of vulnerable people, such as pregnant women, the elderly, and the disabled.
Depending on the degree of the charge, the prosecution needs to prove a certain level of intent as well a certain level of injury. The penalties for assault in Weston can be extensive, and it is important to work with an assault attorney early on in a case to mitigate them as much as possible.
Types of Penalties
Simple assault is assault in the third degree, including intentional physical contact, but no serious injuries. It is a Class A misdemeanor, so it is the highest level of misdemeanor, but it is not a felony. It is a Class A misdemeanor, so to the penalty is up to one year in jail, a period of probation, and a fine of up to $2,000.00 for a guilty plea or a conviction.When someone intentionally causes someone else physical injury, it is simple assault.
The most common type of misdemeanor assault is intent to cause physical injury to another person, and the person actually does it. Misdemeanor assault could also occur as a result of recklessly causing someone else serious physical injury. If someone recklessly breaks someone else’s bone, even though there is a serious physical injury, it was reckless and it would still be assault in the third degree.
Jail time might be less common for a misdemeanor, but it is still a possibility, and so is probation. An attorney might be able to help their client clear their name so they would not have the conviction at all. A violent offense conviction on someone’s record, even assault in the third degree, can come with serious social stigma.
There are two diversionary programs for first-offenders that might apply to someone depending on their situation in order to avoid assault penalties in Weston. If it is domestic violence-related, they might be eligible for the Family Violence Education Program, which incorporates some domestic violence classes. This could result in a possible dismissal of the charges.
If the assault is not domestic violence-related, there is another program in Connecticut called Accelerated Rehabilitation, and that one is similar. To receive this, the defense attorney must be able to convince the judge that the person charged is worthy of the program. This opens up a probationary period, and if they successfully complete the program, they can get dismissal charges that way.
An important mitigating factor to evade penalties in Weston assault cases is self-defense. An assault attorney will want to gather evidence that shows that the alleged victim had ever assaulted the defendant will help build a self-defense case or show that the defendant was not the initial aggressor. The surveillance footage is always important as well, because if there’s an actual video of what happened, that makes it much easier to know whether the attorney should be fighting the charge all the way to trial or trying to work something out with the prosecution.
Working with an Attorney
One way a lawyer can defend clients from assault charges is by discovering if the person did not intend to cause someone an injury or serious physical injury. Another common defense is self-defense.Whether a felony or misdemeanor, the person charged will always be facing a criminal penalty as well as a permanent criminal record, which can harm their reputation and job eligibility.
Someone charged with assault in Weston needs to contact an assault attorney immediately because they need someone who is familiar with the prosecutors, judges, and court system, and they need to make sure that any potentially helpful evidence is preserved to best help to mitigate penalties.