New Haven Assault Penalties
Assault is a criminal offense that is taken quite seriously in Connecticut. New Haven assault penalties include the possibility of incarceration, potential fines, and damage to an individual’s reputation. Furthermore, an assault conviction could make it more difficult for a person to maintain employment or find housing. If a person has been charged with an assault offense, they should speak with a qualified assault attorney that could build a solid defense for them.
Penalties Associated with Assault
New Haven assault penalties depend on the degree of assault charge an individual receives. Connecticut has assault charges in the first, second, and third-degree. The most serious is assault in the first-degree followed by assault second and assault third. Assault in the first-degree carries a maximum of up to 20 years in jail in most cases.
Assault in the second is a Class D felony that carries up to five years in jail. An assault third is a Class A misdemeanor that carries up to a year. An assault in the first, second or third-degree carries a potential for incarceration, the possibility of fines and probation, as well as collateral consequences associated with a conviction of any criminal offense.
Elements the Prosecution Must Prove
The prosecution in New Haven has an obligation to prove specific elements beyond a reasonable doubt. The elements may vary depending on the specific charge. Connecticut has three general degrees of assault: assault in the first-degree, assault in the second-degree, and assault in the third-degree. The specific elements differ depending on the charge.
Each degree has several subsections with various elements. The elements associated with a specific crime change depending on the subsection. In any assault case, the prosecution needs to show that an injury was caused by an unwanted touching. While the particular elements that must be proven depend on the specific subsection, every subsection has in common the idea that there was an unwanted touching that caused an injury.
Diversion Programs and Alternative Sentencing Options for First Offenders
New Haven assault penalties can vary greatly, especially if an individual is a first offender. Connecticut has a number of pre-trial diversion programs that allow for an individual to have the matter dismissed. In connection with an assault case, an individual may be eligible for Accelerated Pre-Trial Rehabilitation also known as the supervised diversionary program. These programs are pre-trial diversion programs that do not require any finding of guilt, any admission of guilt, and do not involve a guilty finding or a guilty plea. When the court decides to grant the program, the charges are dismissed.
To be eligible for the pre-trial diversion, specifically the accelerated rehabilitation program which offers the best outcome in the assault case, the individual must not have previously used the program and cannot have prior convictions. The court makes a finding that the charge is not so serious that it would preclude the individual from being granted the program. Often in assault cases, the accelerated rehabilitation is an option the defense can pursue to successfully have the matter dismissed.
Importance of Consulting a New Haven Assault Attorney
Anyone charged with assault in New Haven and along the Connecticut shoreline should contact an experienced assault lawyer immediately because the consequences can be severe. Whenever a person is charged with assault, there is the possibility of incarceration. These cases are treated seriously by the prosecution, so it is important that someone facing an allegation of assault begins to act from the beginning to build a strong defense to obtain a favorable outcome in their case.
The prosecutors and the state have a team of police officers working to build their case to get a conviction in court. Individuals facing prosecution should have a team on their side and the best place to start is with an experienced attorney. The attorney can work with defendant to identify the evidence available and possible legal defenses. The attorney can take the necessary steps to ensure the defense is properly prepared and explained to the prosecutor and the judge. Individuals should seek the services of an experienced assault attorney that could attempt to mitigate the New Haven assault penalties that they face.