Proving Westport Assault in the Third-Degree
All Westport assault in the third-degree arrests are very circumstantial and are usually very unique to the facts of each individual case, especially in domestic violence third-degree assault cases. The prosecution is tasked with proving Westport assault in the third-degree. The prosecution has to prove two elements: they have to prove intent to cause physical injury to another person as well as proving that the injury actually occurred. An experienced assault in the third-degree attorney could devote the time and resources necessary to disprove the prosecution’s argument. If an individual has been accused of assault in the third-degree they should speak with a determined lawyer that can fight for them.
Investigating a Third-Degree Assault Case
The general procedure for investigating a third-degree assault case is that an officer will speak to all parties involved and then determine whether or not enough probable cause exists to make an arrest. Alternatively, they could issue the person a criminal summons, which would look like a ticket but is technically an arrest. The criminal summons would have a date on which the person is required to appear in court.
Evidence in the Prosecution’s Case
When proving Westport assault in the third-degree, the prosecution may use evidence such as photographs of the injury, witness statements, statements from the accuser, any medical records, and the testimony of witnesses that they put on the stand.
If there are physical injuries, it makes it easier for the prosecution to prove that the injury did occur as a result of the defendant’s actions. If there were no physical injury, that would make it harder for the prosecution to prove that the defendant intended to cause physical injury and that they did actually cause physical injury.
Self-Defense in Third-Degree Assault Cases
Self-defense is defined under Connecticut General Statute 53a-19 and is a potential defense that the defense team can use. The statute says that physical force in a person’s own defense or in the defense of a third party is justified in very limited circumstances. People can defend themselves or another person from what they reasonably believe is the use of imminent physical force.
In certain instances, self-defense can be misconstrued if the situation does not look like they were acting in self-defense or if there seems to be no imminent danger. A defense attorney could help prove to the prosecutor and to the court that the other party was the initial attacker and was using physical force at that time, and the defendant felt it was necessary to defend themselves from that imminent danger.
Benefits of Putting the Complainant on the Stand
There are some benefits to prosecutors putting an alleged victim on the stand when proving Westport assault in the third-degree. Often times, complainants will be very emotional and are able to appeal to the jury, but during cross-examination, there could be a lot of inconsistencies in the alleged victim’s statement that the defense attorney will be able to use to show to a jury that they may not actually be telling the truth.
If both the accused person and the accuser developed some level of credibility with the court, the court will take both of them into consideration and that will be viewed more favorably in the eyes of the prosecution and the judge when negotiating the best possible deal.
Benefits and Challenges of Putting the Accused on the Stand
Just as there are benefits and challenges to putting the complainant on the stand, there are also positive and negative aspects of putting the accused on the stand. It is the defendant’s constitutional right to decide whether or not they want to take the stand. Some of the benefits include being able to tell their own story and possibly appealing to the jury, but some of the challenges stem from the fact that the defendant is opening themselves up to cross-examination and any past misdeeds of theirs can be used against them.
There are ways to establish the accused’s credibility in the eyes of the court. They can engage in anger management treatment or some other type of therapy on their own accord to show the court that they are not a threat. They can do some community service or, if the arrest is related to substance abuse, they can seek substance abuse evaluation and treatment on their own accord.
Consulting a Third-Degree Assault Lawyer in Westport
When faced with assault in the third-degree charges, it is important to work with a lawyer that has experience defending against assault charges. It is also important for individuals to work with attorneys that they trust. Any discussions between an attorney and the defendant are completely confidential, which allows the defendant to be completely truthful and forthcoming with their attorneys so that the attorney is privy to all the details of the case and can effectively negotiate with the prosecutor. The prosecution fights diligently when proving Westport assault in the third-degree, which is why individuals need to work with attorneys that are just as determined, and willing to fight for them. If an individual has been charged with an assault in the third-degree offense, they could devote the time and resources necessary to achieve a positive outcome for them.