Westport Assault Lawyer
When one person is attacked by another it is classified as an assault. In Connecticut, many assault investigations by law enforcement begin by examining the start of the altercation. Law enforcement will want to know who hit whom first, what was used to strike the other person, whether it was a weapon or a fist, and if the alleged victim was injured and what the severity of those injuries are.
Even though a person suffers an injury, if the alleged victim is the aggressor, they may be arrested, the aggressor exonerated from responsibility, or charges dismissed because of defenses available in assault cases and the circumstances surrounding the assault.
A Westport assault lawyer can help people accused of assault to investigate the altercation and collect evidence to reduce the assault charges or seek dismissal in certain cases. For information regarding available assault defenses in Connecticut, contact an experienced defense attorney in the Westport area to discuss your case.
Elements of An Assault Charge
An assault conviction in Connecticut, as an assault lawyer in Westport can explain, carries with it a significant period of incarceration or jail for the accused and is considered a violent act because of the capacity to injury and even kill people. The most violent of assaults lead to death, with or without a weapon.
An assault is a crime in Connecticut that examines the intent of the aggressor at the time of the attack, the harm caused to the victim, and the type of weapon used during the altercation. In addition to criminalizing assault, the law carves out a group of people with additional protection such as the elderly, the blind, the disabled, pregnant women, and persons with intellectual disabilities.
Defining Serious Injury
Harm resulting in serious injury is the main inquiry when reviewing assault charges. Questions examined to support a charge of assault in the Westport courtroom are whether the aggressor intended to seriously harm the other person with a deadly weapon or dangerous instrument, was the behavior of reckless enough to potentially cause a person’s death, and whether the conduct intended to cause temporary or permanent disfiguration or amputation.
For example, hitting someone with a gun is an assault with a deadly weapon while hitting someone with a vehicle is a vehicular assault or an assault with a dangerous instrument.
A person accused of an assault has several defenses available to them that can minimize or reduce charges or cause the charges to be dismissed. Common defenses that a Westport assault attorney could use include:
- Mistaken identity (person arrested did not strike anyone)
- Self-defense (person is defending self after being struck or hit by someone else)
- Defense to Others (person believes another person may be injured or killed if they do not intervene)
- Defense to Property (person acted in defense of own property, property is being invaded, or property is being illegally withheld)
- Consent (the individual injured consented to being hit or assaulted)
How an Assault Attorney Can Help
Criminal proceedings have their own set of state rules and laws regarding the procedure and law of the case. The right to legal representation in criminal cases is protected by the sixth amendment of the Constitution.
An experienced assault attorney will help people accused of an assault by representing them during all stages of the criminal proceeding. Discuss your case with an assault lawyer in Westport as soon as possible to begin your defense.