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New Haven Sexual Assault Lawyer

There is a three-prong defense to sexual assault cases and it is important that the lawyers assess and evaluate each prong from the beginning so they can be in the best possible position to get the strongest outcome in a person’s case. Someone facing New Haven sexual assault charges should contact a skilled criminal attorney to handle their case. A New Haven sexual assault attorney will be equipped with information about local laws relevant to the individual’s New Haven sexual assault defense.

Factual Defense

Factual defense in New Haven is used to determine if the state can prove the allegations. This is unique in New Haven sexual assault cases because often these allegations are based on the word of the one individual. The biggest issue in terms of whether they can actually prove this is the complainant’s credibility. It is important that a New Haven sexual assault lawyer investigate that person’s credibility and determine if there is anything to do to discredit it or establish that this person may not be telling the truth. In terms of a factual defense, it is important to address that from the beginning.

Suppression of Evidence

The second prong of any New Haven legal defense for sexual assault is whether there is a legal issue that would allow the sexual assault lawyer in New Haven to either suppress evidence or even obtain evidence in some settings. This legal defense often comes up in the defense of sexual assault cases in several areas. First and foremost, because credibility is such an important factor in sexual assault cases, the lawyer often tries to obtain documents that would otherwise be protected.

For example, a New Haven sexual assault lawyer would obtain those records if the individual has a long history with the Department of Children and Families (DCF), previous allegations of sexual assault have been made, or they have been known to lie or be untruthful. A legal mechanism requires sexual assault defense lawyers to make an initial showing why they may be entitled to these records. At that point, there is a process by which the New Haven court can review the records and determine if the lawyers are entitled to such records.

Often these cases involve a forensic interview and one of the things that lawyers do in typical cases is challenge these forensic interviews, so there are legal ways to challenge the admissibility of forensic interviews. There are a number of issues that arise during sexual assault cases that are legal in nature.

Social Defenses in New Haven

A social defense is used if it appears that the state is able to prove the case and the defense is working to try to reach a beneficial plea deal. New Haven sexual assault lawyers explain the person’s history, provide an explanation as to why this happened, get treatment for their client, and provide a psychosexual evaluation that shows the person is low risk for offending in the future. Thus, there are a number of steps lawyers can take to build a social defense for sexual assault, if that ends up being the necessary path for the defense.

Sexual Assault Penalties

Any allegation of sexual assault must be taken extremely serious because the consequences are so severe and, if proven, will likely involve jail time. However, a New Haven sexual assault attorney will have the training, knowledge, and dedication to fight for you. We will coordinate an in-depth investigation, work with leading experts to thoroughly examine the allegations, protect your legal rights, and present the strongest defense possible. All along the way, we will answer your questions and present you with your options. We understand that many allegations turn out to be false and we will do everything in our power to fight for you and expose the truth.

Charge Statute Maximum Penalty Mandatory Minimum
Sexual Assault 1st Degree C.G.S. § 53a-70 Up to 25 years in jail Varies
Aggravated Sexual Assault 1st Degree C.G.S. § 53a-70a Up to 25 years in jail years in jail
Aggravated Sexual Assault of a Minor C.G.S. § 53a-70c Up to 50 years in jail 25 years in jail
Sexual Assault in the 2nd Degree C.G.S.§ 53a-71 Up to 20 years in jail Varies
Sexual Assault in the 3rd Degree C.G.S. § 53a-72a Up to 10 years in jail N/A
Sexual Assault in the 3rd Degree with a Firearm C.G.S. § 53a-72b Up to 20 years in jail 2 years
Sexual Assault in the 4th Degree C.G.S. § 53a-73a Up to 5 years in jail N/A
Risk of Injury C.G.S. §53-21 Up to 20 years in jail Varies

Hiring a Sexual Assault Lawyer

It is important to hire a New Haven sexual assault attorney any time a person is facing a sexual assault allegation because the consequences are severe and these cases are complex and raise unique legal issues from the beginning.

The possible penalties in New Haven for sexual assault involve significant periods of incarceration, probation, and sex offender registration. In terms of the issues associated with this, there are a number that arise in terms of the ability to obtain documentation, including the complainant’s medical and other protected records.

In New Haven, there is a procedure by which the defendant can possibly obtain protected records that lawyers are not able to obtain. There are issues in terms of the forensic interviews and how to challenge them and working with experts to aid in the defense to challenge these so-called forensic interviews.