Assault on Elderly, Blind, Disabled, Pregnant in Third Degree

There are certain classes of protected people in the United States. These people are considered to be particularly vulnerable to crime, and therefore they are protected to a greater extent by the law. Some types of people in the protected class include those who are blind, the elderly, the disabled, and pregnant women. If you assault someone in the protected class, the penalties will be greater than assaulting someone who is not a protected person. You can learn more about assault on an elderly, blind, disabled, or pregnant person here.

Assault on Elderly, Blind, Disabled, Pregnant Person

A person is guilty of assault of an elderly, blind, disabled, pregnant person or a person with intellectual disability in the third degree when such person commits assault in the third degree under section 53a-61 and:

• • The victim of the assault has attained at least sixty years of age.
  • The victim is blind or physically disabled, as defined in section 1-1f.
  • Victim is pregnant.
  • The victim of the assault is a person with intellectual disability, as defined in section 1-1g, and the actor is not a person with intellectual disability.

Guilt for this type of assault in the third degree depends on certain things. Guilt cannot happen upon the same incident of assault. But, such person may face charges and prosecution for both such offenses upon the same information.

Defenses

In any prosecution for an offense under this section defenses exist. Defenses based on the victim being pregnant can happen. For example, the defense that the actor didn’t know she was pregnant at the time of the assault exists.
Also, there exist defenses for assault on a disabled person. For example, if the actor did not know that the victim had an intellectual disability at the time of the assault, this constitutes a defense.

Getting Help

You can use these defenses. A good lawyer can suggest the right defense for your case. You can contact my office for more information. I can review the facts of your case. This can help you find the best defense for your situation.