Defending a Westport Third-Degree Assault Case
If someone has been charged with third-degree assault, it is important for them to get in touch with an attorney as soon as possible. A skilled third-degree assault lawyer knows the system and knows the people there, knows the prosecutors and the judges and what they are looking for in these types of cases, and can help the person to prepare the best case possible when they go into court. If a person needs help defending a Westport third-degree assault case, they should consult a local assault lawyer and know that they are in capable hands.
Essential Evidence When Preparing a Defense
Witnesses are essential in defending a Westport third-degree assault case. If there is an argument between a husband and wife in the privacy of their own home, the key witness -assuming the husband gets arrested – would the wife. Her statement to the police and her willingness to testify in trial is important for the prosecution. Any videotapes, any recordings that are made by either person involved in the domestic violence are also very important.
How an Attorney May Handle a First-Time Domestic Violence Accusation
A third-degree assault lawyer would approach a first-time third-degree assault accusation by figuring out the history between the individuals, see if there is any misconduct that there was no arrest made for. Often, they would put the individual who is being accused into some sort of treatment plan in order to address any underlying issues that may have led to the domestic violence incident, and find out if the victim is on board with a positive disposition of the case.
Defenses in Domestic Violence Cases
The most common defenses used in domestic violence cases, for assault in the third-degree are self-defense and defense of others.
According to Connecticut law, self-defense is a right to defend oneself when they think they are about to be imminently attacked by someone and they are about to cause physical injury upon them. A person is allowed to use the same amount of force that would be reasonable to fend them off. If someone thinks somebody is going to punch them in the face, they cannot shoot them to defend themselves but if they think somebody is going to kill them, they may be able to use deadly force in order to protect themselves.
Defense of Others
Defense of others is similar to self-defense that if someone thinks that someone else is about to be imminently attacked and inflicted physical harm on, then they are allowed to defend that person but they are only allowed to use the amount of force necessary to repel the attacker that is reasonable. The individual is not supposed to go overboard with their defense and cannot attack somebody with a weapon when that person was only using their fists, for instance.
Necessity of Contacting a DUI Attorney
A person who is facing a first-time domestic violence charge of third-degree assault should talk to a local domestic violence lawyer because if they do not and they try defending a Westport third-degree assault case themselves, they may wind up using diversionary programs that they can only use once in their life. A qualified attorney could devote the time and resources necessary to build a solid defense. It is important for people to work with knowledgeable lawyers that could fight for the best possible outcome for them.