Westport Second-Degree Assault Lawyer
A second-degree assault arrest in Westport, Connecticut is a felony charge that can have a long-lasting impact on your professional and personal reputations. A Westport second-degree assault lawyer can work with you and your family to help ensure that all the facts are investigated fully and presented fairly to the court and prosecutors. If you have been charged with assault, get in touch with a skilled assault lawyer who can help you obtain the best possible outcome.
When Does Domestic Violence become Second-Degree Assault?
Domestic violence may amount to second-degree assault when it becomes physical. Based on the definition of second-degree assault listed in the Connecticut General Statutes, an offense could be charged as a class D or class C felony depending on resulting injuries.
Class D felonies, which are associated with less severe injury, may be punished by up to 5 years in prison and fines no greater than $5,000. The penalty for class C felonies, which tend to be more serious, may include 10 years imprisonment and up to $10,000 in fines. A Westport second-degree assault attorney could help you examine your situation and determine which charge may be appropriate under your particular circumstances.
Second-Degree Assault Offenses
Section 53a-60(a) of the Connecticut code sets forth a number of situations that can get someone arrested in Westport for assault in the second degree. These situations are:
- When an individual intentionally causes serious physical injury to another
- When an individual uses a deadly weapon or dangerous instrument other than a firearm to intentionally injure another
- When an individual recklessly causes serious physical injury to another using a deadly weapon or dangerous instrument
- When an individual administers a drug or other substance to another with the intent of causing the other to lose consciousness or suffer injury and the individual does suffer stupor, loss of consciousness, physical impairment or injury and the action is not taken as part of lawful medical or therapeutic treatment
- When an individual on parole intentionally injures an employee of the Board of Pardons and Paroles
- When an individual intentionally strikes another on the head and causes serious physical injury without provocation
- When an individual intentionally strikes or kicks the head of another who is lying down and causes physical injury
It should be noted that each of these situations requires the individual to act either with specific intent to cause injury or with recklessness as to the likelihood of injury.
Assault with a Firearm or Motor Vehicle
In addition to the 7 scenarios that can get an individual arrested in Westport for second-degree assault, Connecticut law also allows arrests for second-degree assault in Westport under certain circumstances when alleged victims are particularly vulnerable, such as pregnant, elderly or disabled victims.
If an individual commits assault in the second degree with a firearm when, during the course of an assault scenario as described above, the individual uses, displays, states or acts as if prepared to use a pistol, revolver, machine gun, shotgun, rifle or another firearm.
DUI / DWI Assault Arrests
In another provision, Section 53a-60d outlaws DUI / DWI related assaults in Westport. That is when an individual can get arrested in Westport for assault in the second-degree with a motor vehicle for causing serious physical injury to another while operating a motor vehicle under the influence of alcohol or drugs. A Westport second-degree assault lawyer can inform individuals about what defenses are available to them.
Penalties for a Second-Degree Arrest
Second-degree assault is generally treated as a Class D felony in Westport, which is punishable by up to five years in prison and a fine of up to $5,000. However, Section 53a-60 now provides that when the assault results in a serious physical injury, the offense bumps up to a Class C felony punishable by up to ten years’ imprisonment and a fine of up to $10,000.
Assault in the second-degree with a motor vehicle and assault in the second degree with a firearm are both classified as Class D felonies with exposure of up to 5 years in jail.
Should I Work with a Westport Second-Degree Assault Attorney Today?
Absolutely. Thousands of Westport residents suffer from situations of family violence. However, when violent situations result in criminal actions, you should take the necessary steps to protect themselves—a process which may include speaking with a Westport second-degree assault lawyer.
An experienced attorney may be able to advise you on what steps should be taken to remove yourself and other vulnerable parties from a situation, as well as connect you with family violence support programs. Call today to discuss your situation, learn about legal options, and get started on preserving your future.