Wilton Third-Degree Assault Lawyer
Assault in the third-degree is the most common domestic violence assault charge. Assault in the third-degree is defined as intentionally causing physical injury to another person, or recklessly causes a physical injury to the other person. Domestic violence is any type of dispute that occurs between a person and a family member or someone that they live with, or someone that they have some type of relationship with.
A family member is limited to what is considered immediate family members, but sometimes this can get tricky with step-parents or step-children, and those would typically be considered a family member or at least a household member. A household member could be anyone that the person lives with, e.g., a roommate or a parent, but basically, anyone that resides with another person in a house. If a person has been charged with assault in the third-degree, they should consult a skilled assault attorney. A Wilton third-degree assault lawyer could build a solid defense for those who have been accused.
Relationship Between Domestic Violence and Assault
In Wilton, there is a domestic violence statute that defines domestic violence. The statute for assault in the third degree is Connecticut General Statutes §53a-61. Assault in the third-degree is one of the most common domestic violence assault charges that an individual could be charged. If a person does get arrested for a domestic violence-related assault, they will be charged with assault in the third-degree. Domestic violence is not actually a charge, it actually refers to the nature of the charges. A person would never be charged with both, but they would be charged with a domestic violence-related assault in the third-degree. A Wilton third-degree assault lawyer can further explain the difference between the two terms.
Procedure Following a Report of Assault in the Third Degree
Following a report of assault in the third-degree, the police will go to the person’s house or wherever they are, and then someone will typically be arrested. Once a person is arrested for any domestic violence-related charge, the court date will be the very next day in Norwalk Superior Court. The person will be arraigned, bond will be argued, the person will undergo a protective order hearing and the charged person will have to meet with the Family Relations Department. The role of a local law enforcement officer is what it would be in any situation. The officer will perform an investigation to make sure that everyone is safe; determine if any crimes were committed or maybe it was just an argument, and then make arrests as probable cause dictates. A Wilton third-degree assault lawyer could help an individual build a solid defense.
Impact of Third-Degree Charges on Child Custody and Visitation
The impact that a third-degree assault allegation will have on child custody depends on the conditions that the court imposes. Sometimes the court will order that a third party be involved to facilitate visitation with the children. Occasionally there is nothing imposed and the person can freely visit with their children. Sometimes the children will be included in the protective order and the person cannot have any visitation with them until the protective order is amended.
Value of a Wilton Third-Degree Assault Attorney
Immediately after a person is arrested, the next business day is the first court date and the person is going to have to meet with Family Relations, which is an office of the Court, and the Family Relations Counselor does refer back to the Court with everything the person says. It is really important to have a Wilton third-degree assault lawyer present during these initial meetings. Everything someone says can greatly affect them in the long run. A skilled defense attorney could work with the prosecutor and the judge to obtain the best overall resolution, and advocate for the individual that has been charged.