A Connecticut arrest for second degree assault with a motor vehicle may not sound as serious as assault in the first degree, but when the injuries are caused as a result of a Stamford Connecticut DUI / DWI, the penalties for this offense can expose you to up to 10 years in prison as a major felony.
That’s why your top Stamford Connecticut criminal lawyer must aggressively assess two key issues in your case: (1) the extent of injuries, and (2) whether the prosecutor can prove intoxication.
Connecticut Assault Second Degree Motor Vehicle Penalties
As any of the best Stamford Connecticut DUI / DWI criminal lawyers can explain to you, the criminal penal code covering second degree assault is Section 53a-60 of the Connecticut General Statutes. This statute describes several scenarios that constitute assault in the second degree.
If you’ve caused serious physical injury to another passenger or driver while intoxicated, then the assault crime that applies is assault in the second degree with a motor vehicle under CGS §53a-60d.
For the most part, Assault Second Degree charges are considered Class D felonies by top Stamford Connecticut criminal lawyers and attorneys, which means these charges are punishable by up to 5 years in prison and a fine of up to $5,000.
The Seriousness of the Physical Injuries Matters
In cases where a second degree assault results in “serious physical injury” (particularly, where the Stamford DUI / DWI car accident causes broken bones), the charges get elevated to a Class C felony, which doubles the potential prison term and fines.
Moreover, additional consequences apply for the more specialized offenses. For example, assault in the second degree with a motor vehicle carries a license suspension penalty and assault in the second degree with a firearm carries the stricture that the court may not suspend or reduce one year of the sentence.
What Is Serious Physical Injury under Connecticut Assault Law?
Connecticut criminal law defines a basic physical injury as any “impairment of physical condition” or just plain “pain.” A “serious” physical injury is defined as an injury that:
- Creates a substantial risk of death;
- Causes severe disfigurement;
- Seriously impairs health; or
- Causes loss of function of any organ of the body .
(Connecticut General Statutes § 53a-3)
Other Stamford Second Degree Assault Scenarios
Under Section 53a-60, an individual will be deemed to have committed assault in the second degree when they:
- Cause serious physical injury to another with intent to cause such injury;
- Cause any physical injury to another using a dangerous instrument or deadly weapon (other than firing a gun) with intent to cause such injury;
- Cause serious physical injury to another using a dangerous instrument or deadly weapon by acting recklessly;
- Provide illegal drugs to another individual which causes unconsciousness, physical impairment or injury to another, with intent to cause such condition and no lawful medical or therapeutic reason for doing so;
- Strike another on the head with the intent to cause serious physical injury and without provocation; and
- Strike or kick another with the intent to cause physical injury while the other is on the ground.
Contact a Stamford Connecticut Assault Attorney Today
If you’ve been arrested in Stamford or Greenwich Connecticut for Assault in the Second Degree under CGS 53a-60d, then contact a Stamford second degree assault criminal lawyer at the Mark Sherman Law Firm, who can immediately start preparing your defense and who can work to ensure that your case is investigated thoroughly and aggressively. Our former Assault clients have posted their reviews on the certified Avvo.com attorney review website. Check out these reviews and then give the firm a call today at (203) 358-4700.