Connecticut Aggravated Sexual Assault of a Minor Defense Attorney

What You Should Know About And What You Can Expect In A Connecticut Aggravated Sexual Assault of a Minor Case

If you or a loved one find yourselves being investigated or arrested for Aggravated Sexual Assault of a Minor in Connecticut, you are no doubt scared and full of questions. At Kevin Smith, Attorney at Law LLC, our team stands ready to speak with you and answer those questions.

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A free, confidential initial consultation can be done with just a phone call, and you can expect to get answers to the questions below, as well as any other case-specific questions you may have.

What Are The Penalties For Aggravated Sexual Assault of a Minor in Connecticut?

If you or a loved one are charged with Aggravated Sexual Assault of a Minor in Connecticut, in violation of Connecticut General Statutes Section 53a-70c, the stakes simply could not be any higher. Aggravated Sexual Assault of a Minor in Connecticut is a Class A Felony, and penalties you face if convicted of Aggravated Sexual Assault of a Minor include:

How Aggravated Sexual Assault of a Minor Cases Work In Connecticut

Though no two cases are identical and every Connecticut Criminal case will proceed differently on an individual basis, there are certain procedures and phases common to all Connecticut Criminal cases that you or a loved one charged with Aggravated Sexual Assault of a Minor can expect to encounter. Proceedings and phases you can generally expect in Connecticut Aggravated Sexual Assault of a Minor cases include:

Pre-Arrest Investigation

Investigations in Connecticut Aggravated Sexual Assault of a Minor cases take place before an Arrest; may be conducted by local, state, or federal law enforcement agencies; and may also include Grand Jury proceedings. These investigations often involve the execution of search warrants, interviews with witnesses, and collection of evidence from the scene or suspects.

What Rights Do I Have During a Connecticut Aggravated Sexual Assault of a Minor Investigation?

If you or a loved one find yourself the target of a Connecticut Aggravated Sexual Assault of a Minor investigation, you have the absolute right to an attorney and to remain silent if you or a loved one are questioned by law enforcement. The right to an attorney and the right to remain silent are guaranteed by the United States Constitution and the Connecticut Constitution, and you should exercise them decisively and aggressively.

Remember: law enforcement agents are not required to be truthful with suspects, and what you say to law enforcement CAN AND WILL BE USED AGAINST YOU. Your best defense against mistakenly forfeiting your rights is to retain counsel as soon as you or a loved one learns that you are the target or a suspect in a Connecticut Aggravated Sexual Assault of a Minor case.

Our Connecticut Aggravated Sexual Assault of a Minor attorneys can then:

  • shield you or your loved one from direct interaction with law enforcement, and ensure that all communications with law enforcement are protected
  • establish contact with law enforcement investigators and put them on notice that you are invoking both your right to an attorney and your right to remain silent
  • If the Connecticut Aggravated Sexual Assault of a Minor investigation leads to an arrest, our attorneys can also arrange for you or your loved one to be able to turn yourself in once a warrant issues, rather than being surprised at work or your home by arresting officers
Can An Arrest Be Prevented In A Connecticut Aggravated Sexual Assault of a Minor Investigation?

In some cases, our Connecticut Aggravated Sexual Assault of a Minor attorneys can prevent an arrest of you or a loved one in a Connecticut Aggravated Sexual Assault of a Minor investigation. In these instances, we may be able to provide law enforcement with evidence that demonstrates your innocence, or evidence that undermines the credibility of evidence already in their possession.

Each case, however, is different, and the best way to determine if a Connecticut Aggravated Sexual Assault of a Minor arrest can be prevented is to contact one of our Connecticut Aggravated Sexual Assault of a Minor attorneys for a free consultation as soon as you become aware that you or a loved one are the target of–or a suspect in– a Connecticut Aggravated Sexual Assault of a Minor investigation.

Arrest

In some cases, an Arrest cannot be prevented in a Connecticut Aggravated Sexual Assault of a Minor case.

In these cases, law enforcement officers will either make an on site arrest, or else they will apply for and be granted an Arrest Warrant. The Arrest Warrant may be the result of the Connecticut Aggravated Sexual Assault of a Minor investigation conducted by law enforcement agencies, or a Grand Jury indictment following a Grand Jury investigation.

Once an Arrest Warrant issues, the subject of the Arrest Warrant will either be involuntarily taken into custody by law enforcement, or allowed to turn him or herself in voluntarily.

If you or a loved one find yourself the subject of an Arrest Warrant in a Connecticut Sexual Assault in the Second Degree case, our Connecticut Sexual Assault in the Second Degree attorneys can arrange for a voluntary turn in, and allow you to make the necessary preparations rather than being blindsided at your home or business by arresting officers. Our Connecticut Sexual Assault in the Second Degree attorneys can also discuss with you the options for posting bail or remaining in custody.

Arraignment

Arraignment is the formal name used for the first Court appearance before a judge by a Defendant in a Connecticut Aggravated Sexual Assault of a Minor case. Once a person has been arrested and arraigned in Court, they are known as a Defendant.

At arraignment, the State’s Attorney will generally read the charges against the Defendant, make an argument regarding the Defendant’s bail and conditions of release, and provide some initial disclosures of the evidence against the Defendant. Arraignment is also the Defendant’s first opportunity in a Connecticut Aggravated Sexual Assault of a Minor case to plead not guilty, make arguments regarding bail and conditions of release, and make formal discovery requests for evidence.

Our Connecticut Aggravated Sexual Assault of a Minor attorneys will represent you or your loved one at Arraignment by gathering evidence to support arguments for a reasonable bail and conditions of release, and to support your plea of not guilty. Our attorneys will also make discovery requests in order to ensure that all evidence the State’s Attorney intends to use in its case is disclosed to the defense.

Pre-Trial

Once a Defendant has been arraigned in a Connecticut Aggravated Sexual Assault of a Minor case, they will then enter the Pre-Trial phase of the case. During the Pre-Trial phase of a Connecticut Aggravated Sexual Assault of a Minor case, the Defendant and his or her attorney will generally be required to make a Court appearance once a month, though in some instances the time between Court appearances may be longer or shorter.

At these Pre-Trial Court appearances, the Defendant’s attorney and the State’s Attorney will discuss the case, exchange evidence, and raise any legal issues with a judge. Negotiations to resolve the case, often called “Plea Negotiations” or “Plea Bargaining”, also take place during the Pre-Trial phase. Although there is no set time limit for the Pre-Trial phase of a Connecticut Aggravated Sexual Assault of a Minor case, it typically lasts for as long as 18 months.

At Kevin Smith, Attorney at Law LLC, our Connecticut Aggravated Sexual Assault of a Minor attorneys will represent you or a loved one during all aspects of the Pre-Trial phase by reviewing evidence with you, conveying to you all negotiations with the State’s Attorney, and protecting your right to plead not guilty and preserve your innocence throughout the process.

Trial

A Defendant in a Connecticut Criminal case is entitled to Plead Not Guilty and demand a Trial, either by a Judge or a Jury. At a Trial in a Connecticut Aggravated Sexual Assault of a Minor case, the State’s Attorney will be required to prove the Defendant guilty by a burden of proof known as proof Beyond a Reasonable Doubt. In order to do so, the State’s Attorney will have to prove each Essential Element of the crime of Aggravated Sexual Assault of a Minor Beyond a Reasonable Doubt.

What Counts As Aggravated Sexual Assault of a Minor In Connecticut? What Does The State’s Attorney Have To Prove In A Connecticut Aggravated Sexual Assault of a Minor Case?

According to the Connecticut Criminal Jury Instructions, the Essential Elements, or legal components, of the crime of Aggravated Sexual Assault of a Minor in Connecticut are brought under one of eleven different subsections of the law. Depending upon which subsection of the Aggravated Sexual Assault of a Minor statute you are charged with, the Essential Elements the State’s Attorney must prove are:

  • Committed an Underlying Crime: The State’s Attorney must prove that the Defendant committed ONE of SEVEN different Underlying Crimes. The Seven Underlying Crimes are:
  • Against a Person Under 13 Years of Age
  • Aggravating Factor: In addition to proving the Defendant Committed one of the Underlying Crimes Against a Person Under 13 Years of Age, the State’s Attorney must also prove ONE of SEVEN Aggravating Factors. These SEVEN Aggravating Factors are:
    • The Defendant Kidnapped or Illegally Restrained the Complainant
    • The Defendant Stalked the Complainant
    • The Defendant Used Violence to commit such offense against the Complainant
    • The Defendant Caused Serious Physical Injury to or Disfigurement of the Complainant
    • More Than One Complainant Under 13 Years of Age was Assaulted
    • The Defendant was Not Known to the Complainant
    • The Defendant has Previously Been Convicted of a Violent Sexual Assault.

In plain English, this means that the State’s Attorney will have to prove Three things. First, that the Defendant Committed One of the Underlying Crimes. Second, the the Defendant Committed One of the Underlying Crimes Against a Complainant who was Under 13 Years of Age. And finally, the State’s Attorney must also prove ONE of the Seven Aggravating Factors.

How Do You Fight a Connecticut Aggravated Sexual Assault of a Minor Charge? Can You Win?

Defenses to Aggravated Sexual Assault of a Minor in Connecticut

If you or a loved one are charged with Aggravated Sexual Assault of a Minor in Connecticut, you should know that there are a number of defenses that must be explored. Some common defenses to Aggravated Sexual Assault of a Minor in Connecticut are listed below.

If you or a loved one are charged with Aggravated Sexual Assault of a Minor in Connecticut, our attorneys will rigorously and methodically review the evidence and the law and exhaust all possible defenses for you.

Alibi

An Alibi Defense in Connecticut involves establishing that the Defendant could not have committed the Aggravated Sexual Assault of a Minor because he or she was physically in another location.

Mistaken Identity

A Mistaken Identity Defense in Connecticut involves establishing that the Defendant has mistakenly been identified as the person who committed the Aggravated Sexual Assault of a Minor, often by an eyewitness who is either confused or wrongfully accusing the Defendant.

Fabrication or False Accusation

Simply put, a Fabrication or False Allegation defense is one built around establishing that the Complainant is Fabricating, or Lying, and Falsely Accusing the Defendant. Often, a successful Fabrication or False Accusation defense also relies upon establishing a Motive for the Complainant to Lie or Falsely Accuse the Defendant.

Lack of Intent

Aggravated sexual Assault of a Minor requires Proof Beyond a Reasonable Doubt of Specific Intent. In some cases, a Defense can be built around either Diminished Capacity to form the Necessary Intent, or Lack of the Necessary Intent.

Statutory Affirmative Defense

Under Connecticut General Statutes Section 53a-67, the Defendant may raise an Affirmative Defense that he or she did not know of the Complaining Witness’s Mental Incapacitation or Impairment.

Lack of Capacity Due To Mental Disease Or Defect/ Insanity Defense

Under Connecticut General Statutes Section 53a-13, a Lack of Capacity Due to Mental Disease or Defect/Insanity Defense in Connecticut, also commonly referred to as an NGRI (Not Guilty by Reason of Insanity) Defense, involves establishing that the Defendant at the time of the offense lacked the substantial capacity to appreciate the wrongfulness of his or her conduct or to control his or her conduct within the requirements of the law. This defense is often highly technical and requires the testimony of an expert or experts.

At Kevin Smith, Attorney at Law LLC, one of our Connecticut Aggravated Sexual Assault of a Minor attorneys will review all the evidence and conduct legal research necessary to guide you to the appropriate expert or experts and mount the strongest defense available based on the specific circumstances of your case.

These are only general examples of some of the ways to fight a Connecticut Aggravated Sexual Assault of a Minor case. The best defense will always be the one that is tailored to the specific legal and factual characteristics of an individual case. A good defense can not only protect you from the worst possible outcome, it may also help you resolve your case without ever having to go to trial or prison.

During your free initial consultation, our Connecticut Aggravated Sexual Assault of a Minor defense attorneys will review your case, assess potential defenses and avenues for further investigation, and tell you how we can help you and what you can expect from us.

How Much Does A Connecticut Aggravated Sexual Assault of a Minor Defense Attorney Cost?

Every Connecticut Aggravated Sexual Assault of a Minor case is unique, and the cost of defending each Connecticut Aggravated Sexual Assault of a Minor case will depend upon a number of factors, such as:

  • Factual and Legal Complexity of the Case
  • Your Attorney’s Experience
  • Investigative and Expert Fees
  • Court Costs

If you or your loved one are charged with Aggravated Sexual Assault of a Minor in Connecticut, you cannot afford to make the wrong decision about hiring an attorney. Though you may be forced to make tough financial decisions about your defense, the cost of hiring the right attorney will always outweigh the costs of the fines and jail time that may come with a conviction that is the result of a poor defense.

At Kevin Smith, Attorney at Law LLC, our Connecticut Aggravated Sexual Assault of a Minor attorneys will give you a free consultation to review the expected costs of your defense and help you make the best decision for your future.

Talk To A Connecticut Aggravated Sexual Assault of a Minor Defense Attorney For Free

When you or a loved one have been charged with Aggravated Sexual Assault of a Minor in Connecticut, it can seem like the whole world is ending, and the fear and anxiety of the situation can be paralyzing. But you must act swiftly and decisively to protect your future.

At Kevin Smith, Attorney at Law LLC, our attorneys act with a single goal in mind: aggressively pursuing all legal avenues to defend you against a Aggravated Sexual Assault of a Minor conviction and get you the best possible outcome for your case. The first step on this path is a Free Consultation to review your case and let you know what options you and your family have.

Do not go it alone: we are here for you and your family, and we are ready and waiting to accept the honor of defending you.

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