Westport Assault in the Third-Degree Case Process
Assault in the third-degree is a violent crime that can have serious consequences for those that are convicted. Someone can be arrested for assault in the third-degree if they intentionally, recklessly, or negligently cause physical injury to another person. Assault in the third-degree is a Class A misdemeanor and is most commonly related to domestic violence. Anyone can be arrested for assault in the third-degree if they cause any type of injury to another person. If you have been charged with an assault in the third-degree offense, speak with a capable assault attorney that could pursue a positive outcome for you. A seasoned lawyer could help you navigate the Westport assault in the third-degree case process.
Defining Domestic Violence
Domestic violence is defined under 46b-38a, consists of an incident between family or household members that results in physical harm, bodily injury, or assault. It can also be an act of threatened violence that constitutes fear of imminent physical harm, bodily injury, or assault. Domestic violence itself is not a crime, but it covers a range of crimes.
The most common examples of domestic violence are:
- Sexual assault
- Violation of a protective order
- Disorderly conduct
The charges can be brought against husbands, wives, domestic partners, and roommates.
When is Third-Degree Assault Considered Domestic Violence?
Assault is considered domestic violence anytime it involves a dispute between a husband, wife, domestic partners, or roommates. Westport itself does not have its own statute regarding domestic violence. Westport is governed by Connecticut State Law and domestic violence incidents fall under 46b-38a.
Process of an Assault in the Third-Degree Case
A third-degree assault case typically would last up to two years. The Westport assault in the third-degree case process can go one of two ways. The police could arrest the person, take them down to the station, book them, fingerprint them, take their mug shot, and put a bond.
Once an arrest is made, the complainant has little to no say on whether or not the prosecution pursues or drops the charges. Under almost all circumstances, the prosecution will ignore the complainant’s request to drop the charges and will pursue the charges.
Factors That May Impact a Case
If the third-degree assault case includes the influence of drugs or alcohol, the prosecutor will typically want to see that the accused does some type of substance abuse evaluation and treatment. If they get ahead of that and do it on their own accord, then the prosecutor will probably view them and the charges a lot more lightly and may be willing to negotiate with their attorney to either drop the charges or reduce them.
A criminal history would typically make a person charged with third-degree assault ineligible for a pretrial diversionary program and it would likely result in the court asking them to plead to either third-degree assault or a reduced charge.
Sentencing in Third-Degree Assault Cases
During the Westport assault in the third-degree case process, once the person is found guilty or enters a plea for third-degree assault, there will be a sentencing hearing. At that hearing, the defendant can make a statement to the judge and the alleged victim. The defense attorney can make a statement, the alleged victim can make a statement, and anyone else related to the case can make a statement. Then the judge will issue a ruling on the sentence. However, it is important to keep in mind that a person convicted of third-degree assault is eligible for appeal.
Value of a Westport Third-Degree Assault Attorney
An experienced assault in the third-degree attorney could help you craft a defense strategy and can work to get your charges dismissed. Your lawyer may incorporate diversionary programs, counseling efforts, negotiations with prosecutors, and a number of pretrial negotiation attempts, to try to get the best possible disposition. If you have been accused of domestic violence, speak with a qualified assault attorney that could guide you through the Westport assault in the third-degree case process and fight for you.