Weston Second-Degree Assault Lawyer
Second-degree assault is considered unwanted physical contact which causes a serious physical injury. Second-degree assault does not have to include a weapon, the assault could be by hand and would be considered second-degree assault so long as the person intended to cause a serious physical injury.
The penalties for assault charges can be serious in Weston, and if you are facing charges, you will want to build your defense as early as you can with the help of an experienced assault attorney. A Weston second-degree assault lawyer is your best chance to maintaining a positive outcome in your assault case.
Elements of Second Degree Assault
One element of an assault that prosecutors must prove in a second-degree assault case is the type of injury. For example, if someone intentionally caused a serious physical injury, they need to prove that someone suffered a serious physical injury. Evidence for this could include broken bones, any kind of like disfigurement, or any injury to an internal organ. They often prove that element by the victim’s testimony as well as medical records. Another element prosecutors often need to prove is the defendant’s mental state. They need to prove that a person intended to cause serious physical injury. Often they will look at what the person might have said or actions in the past to show that it was not an accident. A Weston second-degree assault lawyer can have their own investigation to counter the prosecution’s evidence.
The prosecution might try to prove that the event was not an accident by looking at all of the circumstances, such as any eyewitness statements. For example, if someone saw the defendant shooting a gun randomly into the air as opposed to seeing them point and target it at someone, this would be evidence of an accident or recklessness.
Also, if the person said something to insinuate them wanting to hurt someone, and then does injure them, that would weigh in favor of the defendant having intent. The prosecution also might look at the relationship between the parties and whether there has been violence in the past.
Difference From First-Degree
For a first-degree assault case, commonly someone intends to harm someone else with a deadly instrument or dangerous weapon. Second-degree assault occurs if a person intentionally causes someone serious physical injury either without a weapon or by recklessly using a deadly weapon or dangerous instrument and still causes someone injury. Second-degree assault cases are also heard in Norwalk Superior Court.
Penalties are not quite as severe as assault in the first degree, but still very serious. It is a Class D Felony, and that can expose a person to up to five years in jail with a fine of up to $5,000, as well as a period of probation. Long-term consequences of a second-degree assault conviction are similar to first-degree convictions, as both can come with substantial jail time as well as social stigma.
Role of Intent
There are a couple of different levels of intent. If someone has specific intent to cause someone serious physical injury and actually does, they can be charged with assault in the second degree. If a person recklessly causes someone to face serious physical injury with a deadly weapon and dangerous instrument, that can also result in a charge of assault in the second degree in Weston.
Weston second-degree assault lawyers first will investigate whether the injury is really as serious as initially reported. Often, when the police make the arrest and the reports first come in, if the victim goes to the hospital, the results of the test maybe are not even in yet when the charge is made. For example, the police might think someone has a concussion, but the CAT scan actually was not done yet, or some of the police think there are broken bones, but there have actually been no x-rays yet.
An experienced second-degree assault attorney in Weston will look into those injuries and see if they are really as bad as police initially guessed there was. If the injury is not serious, the charge could be lessened to assault in the third degree.