Proving New Haven Second-Degree Assault
If you have been accused of second-degree assault, there may be a lot at stake when considering potential penalties. Especially considering how tenacious prosecutors can be when proving New Haven second-degree assault. Second-degree assault is considered a felony and a felony conviction have life-changing consequences for people. If you are convicted, you could lose access to certain freedoms, and face difficulty finding jobs and/or housing. Consult an experienced assault attorney that can work tirelessly to build your case.
Difference Between First and Second-Degree Assault
The primary difference between assault in the first-degree and assault in the second-degree is the injury that the alleged victim sustains. Assault in the first-degree requires serious physical injury, assault in the second-degree simply requires a physical injury. When proving New Haven second-degree assault, the case itself is conducted in the Part B court, also known as the low court or the GA. It is located in New Haven at 121 Elm Street.
Elements Prosecutors Need to Prove Assault
The specific elements that the prosecution will need when proving New Haven second-degree assault will be dictated by the specific charges brought by the state. Assault of a second-degree has various subsections and those subsections will dictate the specific elements that they must prove to obtain a conviction. The elements will change on a case-by-case basis.
Typically, the evidence that the state will present is dependent on a case-by-case situation. Very often, attorneys see that situations where there are videos, testimonial witnesses, testimony of the complainant, or even fingerprints or DNA. The evidence will vary on a case-by-case basis, but typically it is the testimony of the complainant, any witnesses, and any physical evidence that the state has collected.
Defenses and Mitigating Factors Used to Refute the Prosecution’s Evidence
In many cases involving allegations of assault in the second-degree, the people may claim that they acted in self-defense or they may completely deny that they had any involvement in it. Depending on the allegations and the defense raised by an individual, it would dictate the type of investigation attorneys undertake and the evidence that they try to obtain.
In situations where accused individuals acknowledge that they are involved in an assault and it constitutes an assault, there may be mitigation or what is called social defense, explaining why this happened. For example, an individual who severely injured someone because he knew they were having an affair with his wife. They happened to stumble upon each other at the bar, some words were exchanged, and he assaulted an individual, breaking his jaw. Although it was caught on video, the evidence was overwhelming, including the confession.
The mitigation raised is called the social defense. Attorneys explain to the prosecution and the court why this happened, the steps to be taken to ensure it does not happen in the future, like anger management sessions, and the background and the social information about the affair that lead to this incident. Attorneys use that information to explain the situation in a way that the prosecution and the court relate to and understand why this escalated to the situation that it did. They use that to negotiate a plea that is favorable. The approach and the defense raised will dictate the path the defense will head down and present to the court.
Value of an Attorney
Second-degree assault is taken seriously in New Haven. When proving New Haven second-degree assault, the prosecutors are relentless in their prosecution of the case. That is why it is vital that you work with a determined assault lawyer that will be just as vigilant in trying to defend you. If you have been accused of assault in the second-degree, consult a qualified criminal defense attorney that can devote the time and resources necessary to build your case.