Assault in the Second Degree
Although not as serious as assault in the first degree, assault second degree is a felony. If you have been charged with assault two, it is important that you understand the charge. This is so that you can determine if you have indeed committed this crime or not. Oftentimes, police officers try to simplify a complicated situation. They do this by arresting a person without getting the full facts of the case.
A person is guilty of second degree assault, which is a Class D felony, in the state of Connecticut if:
- Such person intends to cause serious physical injury to another person. Then, they do cause serious physical injury to another person or third party.
- Such person intends to cause injury to another person by using a deadly weapon or dangerous instrument other than a gun. The, they do in fact cause injury to another person or third party.
- That person recklessly causes serious physical injury to another by use of a deadly weapon or dangerous instrument.
- Such person intentionally causes stupor, unconsciousness, or other physical impairment or injury to another without their consent by the use of drugs or substances, for example, using a date rape drug to injure someone.
- A person is a parolee from a correctional institution and with intent to cause physical injury to an employee or member of the Board of Pardons and Paroles, they cause physical injury to such employee or member.
If you feel that you do not fit the criteria for this crime, you should consult with a criminal defense lawyer that has experience with assault cases. They will be able to prove to a judge that you have been wrongly accused, and your case will either be dismissed, or your charges will be reduced, for example, to an assault in the third degree charge.
Assault in the Second Degree With a Motor Vehicle
If you harm someone with a motor vehicle, you might be charged with assault in the second degree with a motor vehicle. Much like assault of a protected person, you will face additional penalties for this crime. A person is guilty of assault in the second degree with a motor vehicle when while operating a motor vehicle under the influence of intoxicating liquor or any drug or both, they cause serious physical injury to another person as a consequence of the effect of such liquor or drug.
If you are convicted of assault in the second degree, you will face the following penalties:
- A prison sentence of 1-5 years.
- A fine of as much as $5,000.
If convicted of assault in the second degree with a motor vehicle, your prison sentence and fine can increase.
To receive the minimum penalty for this crime, you need to build a strong defense. You can do this by getting in touch with an attorney.