New Haven First-Degree Assault Lawyer
In Connecticut, assault in the first-degree is set forth in Connecticut General Statute 53a-59. Within that statute, there are various subsections. Each subsection specifies the different way in which a person could commit the crime of assault in the first-degree. However, each subsection generally has three parts.
The first is the intent, the second is the result, and the third is typically what the courts refer to as an additional factor. If you have been accused of assaulting someone, it is imperative that you get in touch with a New Haven first-degree assault lawyer. Your capable assault attorney can work tirelessly to disprove the prosecution’s argument and build your case.
Use of Deadly Weapons and/or Dangerous Instruments
The most common assault in the first-degree case is subsection A1, a person has to have a specific intent to cause serious physical injury, cause a serious physical injury, and use a deadly or dangerous instrument. The law has a very specific definition for those particular phrases. For example, the law will have a definition for serious physical injury and for a deadly weapon or dangerous instrument.
That is the most common situation for assault in the first-degree. In addition, there are situations where a person may have acted with extreme indifference to life or recklessness and cause serious physical injury. Or, there may be a situation where someone causes disfigurement.
In addition, there are various subsections that cover the Department of Corrections employees, pregnant individuals, and other protected parties, based on age. There are a number of ways a person can commit assault in the first-degree, but the most common is the use of a deadly weapon or dangerous instrument.
Defenses Used to Refute the Prosecution’s Evidence
In order to build the defense for an assault in the first-degree case, the defense will depend upon the specific allegations of each case. Any time an individual is charged with assault in the first-degree, there are numerous defenses that can be raised.
Some of the most common defenses are that the individual action is self-defense, that it did not happen, or that the defendant caused injury or participated in the assault. In terms of self-defense, it is a complex legal theory that needs to be established from the beginning and ensured a proper investigation to present a full defense.
Consequences of Conviction
It is important that an individual retains a qualified New Haven first-degree assault lawyer, any time they are facing criminal charges, especially those of the first-degree because the consequences are severe.
The maximum penalty for assault in the first-degree carries up to 20 years in jail. Typically, there will be additional charges above and beyond it with illegal use of a firearm.
They are typically additional charges that increase the maximum penalties, so the person is facing real consequences of incarceration, fines, and probation. A skilled attorney can attempt to construct a solid case for the defendant and can work to protect their rights.
Value of a New Haven First-Degree Attorney
Assault cases are the type of cases that prosecutors in courts take very seriously because there can be significant injuries. Any time that the resources of the State in Connecticut are being brought against that person, it is important that they hire a strong defense team to put together the best possible defense.
An experienced New Haven first-degree assault lawyer can work with an investigator and experts, and use those tools to seek pieces of the state’s evidence and challenge the state’s ability to prove the case. By doing that, you can put yourself in a position to reach the best possible outcome.