What is First-Degree Assault?
Assault in the first degree includes any of the following:
- Causing or intending to cause serious injury using a deadly weapon or dangerous instrument
- Intent to disfigure, amputate, or destroy a part of someone else’s body or organs thereby causing serious injury
- Reckless engagement in conduct showing extreme indifference to human life thereby causing serious injury or a risk of death
- Causing or intending to cause serious injury while aided by two or more other persons
- Causing or intending to cause serious injury by discharging a firearm
Assault in the first degree is considered a Class B felony, punishable by:
- Imprisonment of no less than one and no more than 20 years.
- If a deadly weapon or dangerous instrument is used, or if the victim is elderly, blind, physically or intellectually disabled, or pregnant, the minimum incarceration is five years.
- If the victim is under the age of 10 or is known to the perpetrator to be a witness, the mandatory minimum incarceration is 10 years.
- Fines of up to $15,000.
- Probation and community service.
Examples of assault in the first degree can come in many different forms, but some of the most common include intentionally striking someone in the head or body with a baseball bat or firing a gun into a crowd of people.
What is Second-Degree Assault?
Assault in the second degree includes:
- Causing or intending to cause serious physical injury
- Causing or intending to cause injury by use of a deadly weapon or dangerous instrument other than a firearm
- Recklessly causing serious injury using a deadly weapon or dangerous instrument
- Using a drug or other substance to render someone unconscious or to cause physical impairment without a person’s consent, unless as part of a lawful medical or therapeutic procedure
- Causing or intending to cause physical injury to an employee or member of the Board of Pardons and Paroles while on parole from a correctional facility
- Intending to cause serious physical injury by rendering a person unconscious without provocation by striking them in the head
- Using, displaying, or acting like you possess a firearm while committing any of the previous acts
- Causing serious physical injury while operating a motor vehicle while under the influence of drugs, alcohol, or other substance
Second-degree assault is considered a Class D felony, punishable by:
- Imprisonment for up to five years.
- Mandatory minimum of up to one year in prison if a firearm is used.
- Mandatory minimum of up to two years in prison if the victim is elderly, blind, physically or intellectually disabled, or pregnant (or three years if a firearm is used).
- Fines up to $5,000.
- Probation and community service.
- In convicted for second-degree assault with a motor vehicle, suspension of driver’s license for one year plus an interlock ignition device requirement for two years following license reinstatement.
Examples of assault in the second degree can also come in many different forms. Some common examples include hitting someone in the head with an object to render them unconscious so you can steal their vehicle, or slipping someone Rohypnol (known as the “date rape drug”) to render them unconscious.
What is Third-Degree Assault?
Actions that result in a charge of assault in the third degree include:
- Causing or intending to cause physical injury
- Recklessly causing physical injury
- Causing, with criminal negligence, physical injury with a deadly weapon, dangerous instrument, or electronic defense weapon
Third-degree assault is considered a Class A misdemeanor, punishable by:
- Jail incarceration for up to one year.
- A mandatory prison sentence of one year if a weapon, instrument, or electronic defense weapon was used, or if the victim is elderly, blind, physically or intellectually disabled, or pregnant.
- Fines up to $2,000.
- Probation and community service.
Examples of assault in the third degree include threatening to beat someone up or using a stun gun on someone.
Work with an Experienced Criminal Defense Attorney
Any assault conviction, whether a misdemeanor or felony, has the potential to remain on your record forever. You can also find yourself charged with assault when you believe you were acting in self-defense. Every set of circumstances is different, so it is crucial that you work with an experienced criminal defense attorney if you’re facing assault charges.
A skilled criminal defense attorney can protect your rights and work toward achieving the best possible outcome for your case. Given that assault is considered a violent crime in Connecticut, even a misdemeanor conviction can affect employment opportunities, professional licensure, eligibility to rent a home, or even child custody and visitation agreements. Don’t face your charges on your own. Rely on the experience of DeMatteo Legal Solutions so that you can fight to have your charges reduced or dropped altogether. Call today to schedule a free initial consultation!
