Recent Blog Posts
Connecticut Sexual Assault Laws and Punishments
Sexual assault is a highly complex crime under Connecticut law. At its most severe, it can be a class A felony, the second most serious class that Connecticut law allows for, but it can also be punished as a mere misdemeanor. This is because Connecticut recognizes four degrees of sexual assault, with first degree being the most serious and fourth degree being the least serious. On top of the different degrees, there are also aggravating or mitigating factors for some of the crimes, things that make them more or less serious.
Degrees of Sexual Assault
Which degree of sexual assault a person is charged with varies depending on a variety of factors. These include things like the relationship between the offender and the victim, the type of force used, the type of sex acts performed, and the age of the victim, among others. For instance, first-degree sexual assault occurs when a person compels another to have sex with him or her either through force or the threat of force against the victim or against another person. However, first-degree sexual assault also occurs when a person has sexual intercourse with a person who is mentally incapacitated to the point where he or she cannot consent, or when a person has sexual intercourse with someone under the age of 13, provided that the offender is more than two years older than the victim.
Dangerous Weapons in Connecticut
Gun control and Second Amendment rights are an important political topic right now, but the debate over them often obscures other laws about dangerous weapons. Connecticut law ordinarily forbids people from carrying dangerous weapons, but that alone does not provide a clear picture of the law. For instance, not everything that could intuitively be a dangerous weapon actually falls under the law. Instead, the law itself provides a specific list of forbidden types of weapons. The law also includes a list of exceptions where the carrying of certain weapons or by certain people is allowed.
What Dangerous Weapons Are
Dangerous weapons are a broad category that the law breaks down into a list:
- Specific types of knives, such as dirks, stilettos, switchblades with a blade longer than one and a half inches, and any knife with a blade longer than four inches;
The Lesson of Ferguson
Well we ought to know its not about "Ferguson!" Ferguson was a mere catalyst for what will hopefully be a better USA for people of all colors and creeds.
As many of my colleagues in the criminal defense bar know, when we're traveling on the highway and see those blue flashing lights, 80% of the time the occupants are people of color. 80% plus of our clients are people of color. The Criminal court dockets consists of 80% plus of people of color.
We've sadly come to accept that! But all clearly realize that the disproportionality of these facts are "real".
The Grand Jury proceeding in Ferguson was a farce. "Probable Cause", is the lowest standard of proof in our criminal procedure. The Grand Jury was turned into a one sided full blown trial without the maximum benefit of the right to confrontation. That's not the purpose of a Grand Jury. It's merely to find that lowest denominator -"PC".
Spousal Sexual Assault in Connecticut
Historically, in many areas across the United States, it was not illegal for a person to sexually assault or rape his spouse. In some cases, the exceptions to this rule were only in cases where the couple was undergoing divorce, and had been legally separated for a certain amount of time. The laws have generally changed, and most states, Connecticut included, now have laws against spousal sexual assault.
Spousal Sexual Assault and Connecticut Law
Under Connecticut law, a person cannot force his or her spouse to engage in sexual intercourse by using threats of physical violence against the spouse or another person. The threats may be through the use of a weapon, or by the use of superior physical strength against the victim. For spousal sexual assault to occur there does not need to be complete penetration of one spouse by the other using a body part or object. Even the slightest penetration can lead to a spousal assault conviction. Spousal sexual assault is a class B felony and carries a prison sentence of between one and 20 years, in addition to a $15,000 fine. It is important to note that the person accused of spousal assault does not necessarily need to have intended to sexually assault his or her spouse; all that is needed is the intent to have committed the act that, under the law, qualifies as a sexual assault. (See State v. Ferdinand, 82 A.3d 599 (2013).) Sometimes, in particularly contentious divorces or custody battles, one spouse may use the spousal sexual assault law against the other spouse by making false accusations. The spouse may use these false accusations to leverage a better financial settlement in the divorce, or to make the accused spouse look like an unfit parent unworthy of custody. It is also possible for a criminal court (called a "Protective Order"), to order a spouse accused of spousal abused to stay away from a spouse of the marriage. It can be a very emotionally, physically, and financially draining for a falsely accused spouse to try and clear his or her name. A false accusation can also lead to societal alienation or job loss because, if convicted, the falsely accused spouse may have to register as a sex offender, in addition to serving the other sentences under the law. Contact a Hartford Criminal Defense Attorney If you or someone you know has been accused of spousal sexual assault, you need a Connecticut criminal defense attorney with experience in sexual assault cases. Contact Woolf & Ross Law Firm, LLC at 860-290-8690 or 800-923-0557 for an initial consultation.
Time Limits for Filing a Civil Suit After a Car Accident
After a serious car accident, life as you know it can easily be turned upside down. You may have to deal with phone calls from insurance companies. Your car may either be in the repair shop or totaled, leaving you without a means of transportation. You or someone else in your vehicle may have been injured.
In the midst of this confusion and uncertainty, the last thing that may come to mind is filing a lawsuit against the driver at fault for the collision. However, if you do not act quickly, you may find yourself unable to seek compensation for your injuries.
Connecticut Statute of Limitations for Car Collisions
Each state has a statute of limitations dedicated for car accidents that explains how long an injured victim (plaintiff) has to bring a civil suit against the negligent driver (or defendant). If a civil suit is not filed and commenced before the statute of limitations has expired, then the plaintiff is prohibited from ever bringing a lawsuit against that defendant in regards to that particular collision and injuries.
Date Rape: Alcohol and the Ability to Consent
Most people are familiar with the concept of date rape or acquaintance rape. This is a rape that usually occurs between dating couples. The relationship does not have to be long-term for the term to apply. There is often little confusion when a person initiating sexual contact hears a “no” from the other person to whom the contact is directed. When alcohol is involved, however, and both parties are drunk, consent may be more difficult to decipher; this is why a rape that occurs under these circumstances is sometimes known as “grey rape.” What happens when only one person is drunk, though, and this person later reports a rape against a date who was sober or less intoxicated?
Sexual Contact When Intoxicated
If a person is drunk to the point of unconsciousness or to the point where he or she cannot physically or verbally refuse sexual contact, then anyone initiating sexual contact with this person may be prosecuted for sexual assault. The only question remains asks whether or not the alleged victim of the sexual assault was given alcohol without his or her consent, or if he or she consumed it willingly. Depending on the answer to this question, the accused can face either first or second degree sexual assault charges.
Amusement Park Accidents and Litigation
Over this past summer, two major amusement park accidents made national headlines. In early June, four individuals were injured when a roller coaster at Six Flags Magic Mountain in California hit a tree and partially derailed. Almost a month later, a cable on a swing ride snapped at Cedar Point amusement park in Ohio. This incident resulted in two injuries. These two accidents caused both amusement park patrons and safety experts to question the safety of America’s amusement parks and analyze what must be done to reduce the number of amusement park accidents.
When amusement park attractions malfunction, serious, catastrophic injuries can result. For instance, when an attraction at Six Flags Kentucky Kingdom malfunctioned and cables used to support the ride came loose, a young girl’s feet were severed. Other injuries can include broken bones, strains and sprains, neck and back injuries, and (in extreme cases) loss of limbs. It is important for amusement park patrons to know that amusement parks can be held responsible for patrons’ injuries.
Receiving Fair Compensation After a Connecticut Truck Accident
Recently, the Courant reported that the family of a Department of Transportation worker killed in a truck accident was awarded $7.29 million in damages following a trial in Hartford. The DOT employee was working on Route 8 in Waterbury when he was struck and killed by a tractor-trailer. At the time of the collision, the worker was observed wearing personal protective equipment and following OSHA safety guidelines. The driver’s truck was seen veering off of the pavement and onto the shoulder at the time the worker was hit. A jury deliberated for less than an hour before finding both the truck driver and employer negligent and thus responsible for the losses of the worker and his family.
Compensating a Family for a Deceased Love One
Many victims of truck collisions, unfortunately, suffer a similar fate. The sheer size and weight of trucks, semis, and tractor-trailers make it highly likely that any collision with another car will result in catastrophic injuries to the driver and passengers of the car. A collision with a pedestrian, motorcyclist, or bicyclist will almost certainly be fatal.
Happens If You Get a DUI in Connecticut?
Driving under the influence (DUI) is illegal throughout the United States. Due to the potential consequences of drunk driving, DUI penalties generally tend to be serious, even for first time offenders. DUI arrests and convictions also tend to be very expensive in an effort to deter drivers from driving drunk or buzzed. Penalties for DUI often include high fines, and if the driver loses his or her license, it may affect employment opportunities or interfere with existing work responsibilities. A DUI conviction could also lead to higher insurance premiums.
Connecticut Law on Drunk Driving
The Connecticut law on drunk driving prohibits drivers from driving after drinking beyond a certain level, taking drugs, or after having used a combination of both drugs and alcohol. In addition, a person can be arrested for DUI if his or her blood alcohol content (BAC) is 0.08 or 0.04 for commercial drivers. Police officers use chemical and standard field sobriety tests to confirm the presence of drugs or alcohol, and to determine a driver’s level of intoxication.
Illegal Prescription Drug Use in Connecticut
When some people think about drug addicts, they often think of heroin or cocaine addicts. However, prescription drugs are responsible for a large number of overdoses, and have contributed to drug overdoses becoming one of the leading causes of death in the U.S. To help deal with the problem, federal law has been proposed to help monitor the issuance and filling of painkiller drugs that are likely to be abused. This law would also increase availability of potentially life saving drugs used by police officers and other first responders to reverse drug overdoses.
Connecticut Drug Laws
As with most other states, the sale or possession of prescription drugs without a prescription, and obtaining prescription drugs by fraud are both illegal acts in Connecticut. It is, of course, a defense to the possession charges if you have a valid prescription for the type and amount of prescription drugs in your possession. A prescription is defined as a written, oral or electronic order for any controlled substance from a licensed practitioner for a patient, to be presented to a pharmacist.
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