A Greenwich CT domestic violence arrest for Assault Third Degree can trigger a DCF investigation if children were present or in the home during the alleged assault.
Under Connecticut General Statutes (C.G.S.) § 53a-61, assault in the third degree is one of many assault crimes in the Connecticut criminal code. It can be charged if the individual intends to cause and successfully causes physical injury to a person. It can also be charged if the individual recklessly causes serious physical injury to a person. Lastly, it can be charged if the individual while acting with criminal negligence, causes physical injury to another person by means of a deadly weapon, a dangerous instrument, or an electronic defense weapon.
There are two ways to be convicted of third-degree assault in Greenwich, Connecticut. If the assault occurred in Greenwich, you will be called into the Stamford courthouse to face a prosecutor and a judge. If you decide to plead guilty before going to trial, you have admitted to the allegations and are convicted of the crime.
If, on the other hand, you decide to go to trial, the prosecutor bears the burden of proving the crime against you beyond a reasonable doubt. Assault in the third degree is made up of various elements, each of which must be proven to this very high standard. At the end of the trial, if the jury finds that the prosecutor succeeded, they will convict you.
If you are convicted of assault in the third-degree, you will be guilty of a class A misdemeanor and face up to a year in jail, be made to pay up to a $2,000 fine, and potentially be on probation for up to 2 years. While this is not as serious as a felony conviction, it is still something to take seriously because a criminal record can impede your life for years to come.
A Greenwich assault in the third-degree lawyer could analyze your case to see if there is an argument to have your charges dropped, or to have alternative penalties imposed to keep you out of jail.
DCF is called when there is a concern of child abuse or neglect. Those definitions are broad, and therefore, Greenwich lawyers often see DCF getting called when the police come to the scene of a domestic disturbance. If you and your significant other get into a fight and you are charged with assault in the third-degree, DCF may become involved to make sure your kids are safe. DCF operates separately from the criminal court.
Follow this link for more on fighting a DCF investigation during a criminal case.
At the end of a DCF investigation you may have allegations substantiated against you, which could be harmful to defending a criminal case. A Greenwich lawyer could help you not only in the criminal court but with DCF too.
To learn more about protecting your rights during a DCF investigation in Greenwich after a third degree assault charge, call the attorneys at Mark Sherman Law today. See our certified 5-star reviews by clicking here. We’re available 24/7.
