Assault is another common crime in the state of Connecticut. Sometimes, we can't help but let our emotions get the best of us. This happens to everyone, and for some people, this can result in a physical altercation. If you have been charged with a form of assault, there are a few things that you need to know.
First, you must understand the different types of assault and the consequences that you face for each. Secondly, it is important to understand that there are several defenses to this charge that might be right for your situation. Our legal team at Cummings Law Firm provides information about some of these defenses here, but to truly determine what is right for your situation, you should contact a violent crime defense lawyer today. Initial consultations are free. We serve in Waterbury, Danbury, New Britain, Torrington and throughout the region.
Types Of Assault
Assault occurs when one person causes another person bodily harm. There are three major degrees.
First-degree assault is the most serious of the three degrees. First-degree assault occurs when one person intends to cause another person bodily harm, and succeeds in causing harm with a gun or another deadly weapon. If this behavior results in death or serious bodily harm, the aggressor will be accused of first-degree assault.
Second-degree assault is slightly less serious than first-degree assault, but still a felony crime. Second-degree assault occurs when one person intends to harm another person and does so with the use of drugs or a deadly weapon other than a firearm.
Third-degree assault is the only degree that is considered a misdemeanor. It occurs when one person with intent causes serious harm to another person. This harm does not have to be caused with a deadly weapon for the assault to be considered third degree.
Assault Of Protected People
In addition to these degrees of assault, there are certain people who are particularly protected from assault. If you harm a protected person, you will face more severe penalties.
Assault On A Department Of Corrections Worker
If you assault a DOC worker who is on duty, you will be charged with a class b felony. You must be in the custody of the Commissioner of Corrections, and the DOC worker must be acting in his capacity as an employee of the DOC for the crime to be considered assault on a DOC worker. This crime carries a 5-year minimum prison sentence.
Assault Of The Elderly, Pregnant Or Disabled
Those who are elderly (over the age of 60), disabled in some way or pregnant are also protected from assault by special laws. You face serious penalties if you attach someone in this category. If convicted, you must serve a minimum 5-year prison sentence.
Penalties For An Assault Conviction
Penalties for different types of assault are as follows:
Assault In The First Degree (Class B Felony)
- One to 20 years in prison and a fine of as much as $15,000.
Assault In The Second Degree (Class D Felony)
- One to five years in prison.
- Fine up to $5,000.
Assault On A Pregnant Person Resulting In Termination Of Pregnancy (Class A Felony)
- No less than 10-year prison sentence, no more than 30 years in prison.
- A fine of as much as $20,000.
Assault On A DOC Worker (Class B Felony)
- A one to 20-year prison sentence.
- A five to 20-year sentence for assault with a deadly weapon.
- Fine of as much as $15,000.
Assault Of An Elderly, Blind, Disabled or Pregnant Person Or A Person With Intellectual Disability In The Second Degree (Class D Felony)
- Prison sentence, two years of which cannot be suspended.
- A fine of up to $5,000.
Assault In The Third Degree (Class A Misdemeanor)
- One-year jail sentence.
- Fine of up to $2,000.
There are two common defenses to assault: self-defense, and unknowingly assaulting a protected person. If you assaulted someone so as to protect yourself from a threat or assault, you may not be charged with assault. Likewise, if you assaulted someone who was a DOC worker, pregnant, disabled or elderly, but you did not know that they were classified as such, you will still be guilty of assault, but you won't face the penalties associated with assaulting a protected person.