Branford Assault Lawyer
Assault is the physical act of harming someone. However, as there are numerous assault crimes, the exact charge will vary depending on the type of person harmed and the severity of the harm. There may also be harsher consequences if a weapon was used during the assault.
Being accused of a violent crime can be an upsetting situation because it may reduce your income opportunities and make you seem less safe in the community at large.
To fight against this allegation, you should find a Branford assault lawyer that can not only explain the consequences to you but also defend you in case it goes to trial. Get in touch with an experienced defense attorney right away to being your case.
Assault in the Third Degree
An individual is guilty of assault in the third degree when they intentionally or recklessly cause an injury to another person. Also, if a person negligently causes injury by using a dangerous instrument or weapon.
This is a class A misdemeanor. However, if this type of assault was committed against a blind, disabled, elderly or pregnant person or someone with an intellectual disability then it is still a class A misdemeanor but with a non-suspendable one-year sentence.
Assault in the Second Degree
For an assault in the second degree, the person intended to and did commit a serious injury, intended to hit someone on the back of the head and did, the person intentionally or recklessly caused injury using a dangerous weapon other than a gun, used a drug to cause unconsciousness, or the person is already on parole. This is a class D felony or if the injury was serious a class C felony. Furthermore, if the assault was with a firearm it is a second-degree assault as a class D felony with a one-year sentence that cannot be suspended.
An individual can be charged with an assault in the second degree with a motor vehicle if they harm someone while driving a car while they are under the influence of drugs or alcohol. This will be a class D felony and the driver will have their license suspended for one year.
Another type of assault in the second degree is an assault with a firearm against an elderly, disabled, pregnant, intellectually disabled or blind person. This is a class D felony with a minimum of three years that cannot be suspended. Also, if this type of alleged victim is assaulted during a larceny or during a general assault in the second degree it will be a two-year minimum that cannot be suspended.
Assault in the First Degree
A person is guilty of this crime if they intended to cause serious injury and did so with a serious weapon, they intended to disfigure or disable someone or amputate a body part and they did, if under the circumstances the person showed a reckless disregard to human life that created a risk of death and caused injury, the person acted with two or more other people to cause serious injury to another person or while trying to hurt someone with a gun hurts a third person instead.
This is a class B felony where five years of the sentence cannot be reduced but if it involved a minor or witness then ten years of the sentence cannot be lowered. If the alleged victim of a first-degree assault was blind, disabled, elderly, pregnant, or intellectually disabled then it is also a class B felony but the first five years of the sentence cannot be waived.
Any inmate that assaults an employee of the Department of Correction will also be charged with assault in the first degree. Lastly, if the assault is against a pregnant woman and it results in the end of her pregnancy, it will be an assault in the first degree.
Speak with a Branford Assault Attorney Today
There are several different types of assault related crimes. To better understand what law may apply in your situation, a Branford assault lawyer will be a better guide to explaining what the law is and what you may expect going forward.