Video Description:Mark Sherman discussing New Canaan arrests.
Allegations of strangulation are taken very seriously by police in New Canaan, and therefore arrests for second-degree strangulation can occur during any routine domestic violence call. Although Connecticut law sets forth three different versions of this offense with varying degrees of severity, even the most moderate strangulation arrest carries the potential for large fines and lengthy prison sentences.
Second-degree strangulation cases are prosecuted by state prosecutors with extensive experience in this area of law. For the best chances of success, an individual charged with this offense should work with a New Canaan second-degree strangulation lawyer who possesses a thorough knowledge of this area of law and how courts apply strangulation laws to different circumstances. Contact a qualified second-degree assault lawyer today.
All New Canaan strangulation arrests are referred to Norwalk Superior Court located at 17 Belden Avenue. A New Canaan second-degree strangulation lawyer can start working with individuals and their families right away to help preserve crucial evidence, provide advice to avoid costly mistakes, and begin building an aggressive and optimum defense.
The Connecticut criminal laws set forth 3 different definitions of the crime and these are classified as strangulation in the first, second or third degree, with first degree being the most serious and third degree the least. According to Connecticut strangulation law, strangulation in the third degree consists of an individual recklessly restraining another by the neck or throat in a manner that hampers the ability of the other person to breathe or impedes their blood circulation.
Second-degree strangulation is described as restraining another by the neck or throat in a manner that is intended to constrict breathing or blood flow and that does, in fact, cause such constriction. Thus, the essential element that makes an act a case of second-degree strangulation instead of third-degree is the finding of specific intent to hinder breathing or circulation.
The statutes build on the definition of second-degree strangulation to describe the first-degree offense. If an individual commits an act of restraint that would be considered strangulation in the second degree and either causes severe injury or uses a dangerous instrument, the offense becomes strangulation in the first degree. In addition, if an individual commits a second-degree strangulation and has previously been convicted of that crime, the act will be treated as strangulation in the first-degree.
Second Degree strangulation is considered a Class D felony in Connecticut. As such, the penalties include a minimum of one year of imprisonment (up to a maximum of five years) and a fine of up to $5,000. Strangulation that is considered reckless rather than intentional and therefore is treated as third-degree is a Class A misdemeanor. Those convicted face up to one year in jail and a fine of up to $2,000. If a prior conviction for second-degree strangulation or resulting injuries or use of an implement cause the offense to be considered first degree, the crime becomes a Class C felony. This class is punishable by as much as ten years in prison and a fine of up to $10,000.
Strangulation cases usually involve protective and restraining orders issued by the police and the courts. Such orders place restrictions on contact between individuals and often prohibit one party from having access to the home or other premises.
A knowledgeable New Canaan second-degree strangulation lawyer can advocate for less restrictive terms to orders and can explain the terms to help ensure compliance. Violation of a protective or restraining order constitutes a separate felony violation.