Westport Assault LawyerBeing arrested for assault in Westport, Connecticut is serious, many times involving both state and DCF prosecutions in the arrest and subsequent case. Convictions can result in jail sentences, fines, restrictions on leaving the country, and prohibitions from owning firearms.
A strong defense with the help of an experienced domestic violence lawyer can often assist someone charged in having the charges dropped altogether. The necessary experience of a Westport assault lawyer is recommended for a positive outcome in your case.
Domestic Assault in Westport
Family violence is defined as any physical act of violence that causes harm or injury to another family member or person in the household. Connecticut law also classifies threats of violence, intended to scare the victim as a type of family violence.
Courts understand that arguments sometimes arise between family and household members, and that not all of them constitute domestic violence or assault. Essentially, physical violence must occur to justify an assault in the third degree arrest in Westport.
Possible Assault Defenses
All Westport assault in the third-degree arrests report to Norwalk Superior Court and prosecutors are notoriously tough. That is why an aggressive and thorough defense is essential when facing a Westport assault arrest. These defenses can include:
- Self-defense. Self-defense is the most common defense used in domestic violence cases. In Connecticut, a person cannot be convicted of domestic assault, or assault charges of any kind, if a judge or jury believes that the violence was committed while the accused was defending themselves or their children from physical harm.
- Accused was unfairly treated. When individuals are accused of any crime in Connecticut, they have certain rights. They have the right to be advised of their Miranda rights at the time of arrest, and they have the right to an arraignment the next business morning after the domestic violence incident. When these rights are not provided, it can lead to a mistrial or to the charges being dismissed altogether.
- Wrongful accusation. It can be unfortunate, but in some instances individuals can accuse others of domestic assault out of spite, to gain leverage in a related Westport divorce case, or they can exaggerate things in the moment of the heated situation. With the burden of proof resting on the Norwalk prosecutors’ shoulders, it can simply involve refuting testimony, providing alibis, and providing other relevant facts of the case.
Benefits of Hiring an Attorney
While there are many defenses available to fight an assault arrest in Westport, those that want to use them will need the help of an attorney. A Westport assault lawyer will be able to present and argue the facts of the case in a way that can help the defendant get the desired results they are looking for.
There are also many different components of a domestic assault case that involve interviews with other court officers. Many of these statements can be used in court, as can much of what an accused individual says throughout the entire process.
An attorney can advise on when to cooperate with the authorities, when to refuse interviews, and what to say during those interviews so the accused does not further hurt their case in court.
Contact a Westport Assault Attorney to Help Defend Your Rights
A skilled Westport assault lawyer has the experience to know how to convince judges and prosecutors to drop or dismiss charges. They know what courts want to see to give them comfort that you are not going get into any more trouble.
If you or a loved one has been arrested for assault in the third, second or first degree, then contact the Law Offices of Mark Sherman to help you build the best defense possible. You do not want to face these charges and this process alone.