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Assault defense
Assault charges in Connecticut run from a misdemeanor to a serious felony, and the difference is in the injury, the intent and whether a weapon was involved. The office defends all three degrees, from an attorney who spent 27 years as a Norwalk police officer.
Connecticut divides assault into degrees. Third degree (section 53a-61) is a class A misdemeanor, with up to 364 days in jail. Second degree (section 53a-60) is a felony, generally class D with up to five years, and class C with up to ten years when serious physical injury results. First degree (section 53a-59) is a class B felony with a sentence of one to twenty years, and in some forms part of it cannot be suspended. The facts the State alleges decide which degree is charged, and a case often begins as one and is resolved as another.
Many assault arrests are also family-violence cases, with a protective order issued at the arraignment. The same facts can bring a criminal charge and, separately, a restraining order case. Attorney Saraceni reads the State's case for what the report leaves out: who started it, what the witnesses actually saw, and what the injury evidence supports. Two of the published case results on this site are first-degree assault matters that were dismissed.
What the office handles
- Assault in the third degreeA class A misdemeanor, up to 364 days. Often charged after a fight, a bar incident or a family argument.
- Assault in the second degreeA felony. Includes injury with a dangerous instrument and injury to people such as police officers or health care workers.
- Assault in the first degreeA class B felony, one to twenty years. A conviction can carry a long prison term, so the case deserves preparation from the first day.
- Self-defenseA defense where the evidence supports it. Witness statements and photographs taken early are often what decide whether it is believed.
- Strangulation and threateningStrangulation in the first degree is a class C felony and in the second degree a class D felony. Threatening is charged separately or alongside assault, and often in family-violence cases.
- Related chargesBreach of the peace, disorderly conduct, reckless endangerment and criminal mischief often come with an assault arrest.
How a case starts
- Call(203) 853-2700. Say whether someone is being held and when the court date is.
- Free consultationThe first 30 minutes are free, in the office on Mott Avenue or by phone, by appointment. Bring the paper you were given at booking and any medical or photographic evidence.
- The fileThe police report, the warrant, body-camera video, witness statements and medical records. Attorney Saraceni reviews the State's case before advising on a plea or a trial.
- CourtHe appears with you in Stamford, Bridgeport, Danbury, Torrington or New Haven Superior Court.
Questions people ask first
What is the difference between the degrees of assault?
In general, the degree depends on the injury, the intent and whether a weapon or a dangerous instrument was involved. Third degree is usually a misdemeanor; second and first degree are felonies. The exact elements are set by statute, and the charge on your paperwork is what the State intends to prove.
Is self-defense a real defense in Connecticut?
Yes, when the facts support it. It turns on what the person reasonably believed and what force was used. Witness statements and photographs gathered early matter a great deal.
Will there be a protective order?
If the other person is a family or household member, the court will most likely issue a protective order at the arraignment. See the domestic violence page for how those work.
Can an assault charge be reduced?
It can be, depending on the facts and the prosecutor's view of the evidence. That is worth a first call.
Related case results
Assault in the First Degree
An infant's head injury was called shaken-baby syndrome; both parents were charged and the child placed in foster care. A review of the medical records found a pre-existing condition, an expert witness said so, the charges were dismissed and the child went home.
Assault with a firearm
An armed security guard shot a man who had threatened to kill him and reached for his waistband. Detailed witness statements taken early had to be included in the police warrant. The State declined to go forward.
Assault in the First Degree
A young woman fleeing a beating held up a kitchen knife; her attacker ran onto it. Photographs of her injuries and statements about his history persuaded the court to allow a diversionary program. Completed, dismissed.
Prior results do not guarantee a similar outcome. Every case turns on its own facts. Nothing on this site is legal advice, and contacting the office does not create an attorney-client relationship.
General information about Connecticut procedure, not advice about your case.
Talk to the office before you talk to anyone else.
The first 30 minutes are free. Call, or tell us about your case and the office will call you.
(203) 853-2700