Degrees of Assault in Westport
While all assault offenses, aggravated assault is a greater concern because the penalties are more severe. Aggravated assault charges often arise during the course of domestic violence incidents. Unfortunately, one party may be charged with aggravated assault even if the other party was originally the aggressor originally. If you have been arrested for second-degree assault, then it is crucial to work with a top aggravated assault lawyer who knows all the different degrees of assault in Westport. An experienced assault attorney could create the best possible defense based on your individual situation.
What Is The Difference Between Second and Third-Degree Assault Charges?
While Connecticut laws define many different types of assault crimes, all assault charges include some type of violent physical contact between two individuals. Such contact is often made intentionally, but it is important to note that reckless or negligent contact can also be treated as assault.
Connecticut statutes do not use the term aggravated assault frequently except in cases of sexual assault. However, these statutes do include several different factual situations that effectively aggravate an assault crime, such as assaulting a pregnant woman or an elderly person.
The basic degrees of assault in Westport are assault in the first, second and third-degrees, set forth in CGS §§ 53a-59, 53a-60 and 53a-61 of the Connecticut penal code.
What Is Assault in the First-Degree?
Often described as assault with a deadly weapon, first-degree assault frequently includes the use of a dangerous instrument, but a weapon is not necessary in order for an assault to be first degree. Dangerously reckless conduct, the use of accomplices, or intentional disfigurement are all factors that can aggravate an assault offense to the first-degree level. Assault in the first-degree is a class B felony unless it results in termination of a pregnancy, in which case it elevates to a Class A felony.
Fighting Assault in the Second-Degree Arrests
As the best Westport, Connecticut criminal defense attorneys can explain, Second-degree assault is less serious but is still a felony offense. The statute describes seven situations that will be considered assault in the second degree and these include intentionally causing serious physical injury to another, causing a less serious injury with the use of a weapon other than a gun, or causing a serious injury through the reckless rather than intentional use of a deadly weapon.
Until recently, assault in the second-degree was always treated as a Class D felony. Now, however, the laws have been amended so that if the second-degree assault causes a serious injury, the offense is aggravated and treated as a Class C felony with double the maximum prison sentence and potential fine.
Contacting a Westport Assault Attorney
There are many different factors that can have an impact on the severity of an assault case. The intent of the party taking action, the identity of the party complaining of the assault, an implied use of weapons, the type of injury resulting from the contact — any one of these aspects carries the potential to aggravate an assault charge.
That is why it is critical to uncover and preserve vital evidence as soon as possible if you are facing aggravated assault charges. If you have been charged with assault, contact an experienced assault lawyer right away to begin working toward the best possible resolution of your case. A seasoned lawyer will be familiar with the different degrees of assault in Westport and could use their knowledge to build your defense.