New Haven Second-Degree Assault Lawyer
Assault in the second-degree is set forth in Connecticut General Statute 53a-60. The most common situation is when an individual acts with the intent to cause serious physical injury and causes serious physical injury. There are also situations where a person acts with a deadly weapon or dangerous instrument and causes a minor physical injury. That still constitutes a second-degree assault.
Additionally, if a person acts recklessly and causes serious physical injury, it can also constitute assault in the second-degree. There are a number of subsections and different classifications associated with assault in the second-degree. The elements associated with each vary, depending on which specific subsection the state is charging an individual. If you have been charged with assault in the second-degree, consult a capable assault attorney that can build your case. A New Haven second-degree assault lawyer can fight for you.
Role of Intent
One of the elements that the state will need to prove for bringing an allegation of assault is if a person acted with intent in the situation where the person caused a serious physical injury. Not only do they need to cause that injury, but they need to act with the intent to cause a serious physical injury. An example is where someone gets into a bar fight, throws a punch or shoves the person off of them as they are approaching and the person that was shoved trips, falls, and cracks their head.
As a result, they are severely injured, paralyzed, or even killed. The person’s intent was to cause a particular result, like shove the person away from them and maybe cause a minor physical injury. They did not act with the intent to cause paralysis or death. That is the best example to illustrate the role intent plays in an assault case. If the person’s intent, what they had in their mind to do, will dictate whether it is assault in the first, second, or third-degree.
Assault in the second degree is a Class D felony that carries a maximum of five years in jail. There are particular subsections that carry mandatory minimum time, but the maximum penalty allowed under an assault of the second-degree charge is five years’ incarceration. A New Haven second-degree assault lawyer can attempt to mitigate the penalties that an individual may face.
Severity of Consequences for a First v.s. Second-Degree Assault Conviction
The long-term consequences associated with any criminal conviction can impact a person’s ability to attain employment, maintain housing, and vote. Those consequences are shared with any criminal convictions. Whether it is assault in the first-degree or assault in the second-degree will have a large impact. It will depend on a case-by-case basis.
Some employers may not hire someone convicted of an assault first, but they will with an assault second, so it depends on a case-by-case basis. There are numerous collateral long-term consequences associated with convictions for assault in the first-degree and second-degree. However, assault in the second degree is a Class D felony, which is not nearly as serious as a conviction for assault in the first degree, which is a Class B felony.
Benefit of Working With a New Haven Second-Degree Assault Attorney
If you have been accused assaulting someone, it is vital that you get in touch with a New Haven second-degree assault lawyer. Second-degree assault can result in a felony conviction. Being convicted of a felony can limit a person’s access to housing, employment opportunities, and can limit certain rights and freedoms (like the right to bear arms). Your attorney can investigate the incident, collect the relevant evidence, and use all of this information to build your case.