Not all states have the same penalties for the same crime. Not all states classify crimes in the same way, either. There is one thing that everyone can agree on, though: murder is the most serious crime and always comes with the stiffest penalties.

Taking another person’s life is undoubtedly regarded as more severe than taking their property, trafficking large amounts of drugs, or running a fraudulent company. In particular, not all states classify murder in the same way.

That being said, Connecticut is unique in that it has four different murder crimes that are all considered Class A felonies: murder, felony murder, capital felony murder, and arson murder.

First, a quick peek at what all Class A murder crimes have in common…

What Do All Class a Murders Have in Common in Connecticut?

The shortest answer? Intention.

Manslaughter may take another person’s life, but it is done often with the intention to only harm that person or cause serious bodily harm to a person other than the victim.

In murder cases, prosecutors must prove that the defendant had the intention to commit a felony crime, which may include the murder itself. Defendants may argue that extreme emotional disturbance, rather than the intention to murder, was behind their actions.

So what is the difference in intention among the four types of murder charges we find in Connecticut?

Murder Means You Intended to Cause a Death…and It Happened

Unless special circumstances lead to felony or arson charges, the defendant will be charged with murder.

Connecticut law says “A person is guilty of murder when, with intent to cause the death of another person, he causes the death of such person or of a third person or causes a suicide by force, duress or deception.”

Penalties for murder in Connecticut always include a prison term of 25-60 years.

When Murder Occurs During the Course of Committing a Felony

If murder is not premeditated but occurs during the course of a felony, it may still be considered murder under Connecticut law.

Felony murder is a murder that is committed while the defendant is in the process of committing or fleeing any of the following felony crimes:

• Robbery
• Burglary
• Third-degree sexual assault
• Third-degree sexual assault with a firearm
• First and second-degree escape

Felony murder charges are more severe than murder charges, and may also result in the death sentence or life in prison without parole.

An Arson Murder Charge is Separate From Other Felony Murders

One felony charge gets a separate murder charge in the state of Connecticut: arson. Connecticut law states that arson murder occurs when “acting either alone or with one or more persons, [a person] commits arson and, in the course of such arson, causes the death of a person.”

Penalties for arson murder include life imprisonment without parole.

Murder Occurring With “Special Circumstances” is a Capital Felony

The job position of the victim may influence the charges placed on the defendant. The number of people murdered at one time may also change the charges from murder to a more serious charge: capital felony murder.

This charge may also be referred to as “murder with special circumstances.” Defendants may be charged with capital felony murder if any of the following are true:

• The victim is a police officer, state marshal, conservation officer, Department of Correction employee, or firefighter
• The defendant was hired to commit the murder
• The offender has a previous murder conviction (or is serving a life sentence at the time)
• The murder is committed during a sexual assault or kidnapping
• Two or more people were murdered during the course of the crime
• The victim was under 16 years of age

A person convicted of capital felony murder may be sentenced to death or life imprisonment without the chance of parole.

Defense Strategies for Violent Crimes in Connecticut

Murder charges are clearly very serious offenses. But that doesn’t mean that an arrest or a charge is a life sentence. Every person is innocent until proven guilty. And there are ways to prove that you are not guilty.

Possible defense strategies for violent crimes include:

• Self-defense or defense of a third person
• Defense of property or premises
• Mistake of fact
• Mental state, such as extreme emotional disturbance

Not all of these defenses will result in dropped charges, but it may help to reduce the charges and penalties against you. Reach out to a Connecticut criminal defense lawyer immediately if you have been accused or charged with murder or related violent crimes.

Holidays always involve lots of time with family and friends, sometimes lots of alcohol, and often lots of stress…and most of the time, all goes fine!

Still, there are situations when stress and alcohol consumption cause even the best of friends or closest of family members to fight.

If you’ve been there before, then you know for sure, there’s nothing worse than a holiday that is supposed to be filled with joy and good cheer end with assault charges against friends or family. Take one Connecticut man who recently pled guilty to one count of second-degree assault.

Brookfield Man Trades Violent Criminal Charges for Lesser Assault

In order to avoid multiple charges including first-degree strangulation, first-degree assault, and resisting arrest, the Brookfield local accepted the single second-degree assault charge.

Since he had prior assault convictions, he knew that he would face more severe penalties, based on Connecticut laws regarding the priors on his record.

So, what is covered under Connecticut assault law, anyway?

Three Levels of Assualt (and Aggravating Factors) in Connecticut

According to Connecticut law, there are three levels of assault: third-, second-, and first-degree assault. Two of them can result in felony charges, and there are a number of aggravating factors that can elevate an assault crime.

Assault in the Third Degree

Third-degree assault is the least severe of the potential charges. A third-degree assault charge is considered a Class A misdemeanor. This carries up to a $2000 fine and a year in prison. Involving a firearm raises the penalty to a year minimum, rather than maximum.

Events that can result in a charge of third-degree assault include:

• Negligently causing injury with a weapon,
• Recklessly causing serious injury, and
• Intentionally causing injury.

Injuring someone whether accidentally or intentionally with a knife or gun, without a weapon but in a particularly severe way, or regardless of weapon but intentionally causing bodily harm can all result in a third-degree assault charge.

Assault in the Second Degree

A second-degree assault charge is the next step up. It is a class D felony. The penalties include fines up to $5,000 and a prison sentence of one to five years.

A second-degree assault charge involves intending to hurt someone badly, but not necessarily permanently. They often stem from:

• Causing serious harm with intent,
• Drugging someone, or
• Harming someone purposefully with a deadly weapon other than a firearm.

You could have received a second-degree assault charge this holiday season for hitting someone with anything other than your fists, or for causing serious injury when you hit them.

Assault in the First Degree

A first-degree assault charge is the most serious assault level. It is a Class B felony, with the potential for a $15,000 fine and 20 years in prison, along with a five-year minimum sentence.

You will be charged with first-degree assault for:

• Causing harm with a firearm,
• Intending to cause physical harm with multiple participants,
• Intending to permanently disfigure, destroy, or amputate,
• Recklessly acting so that death may result, but only physical harm occurs instead.

The key here is acting in a way that results in permanent harm. Shooting at someone or acting in a way that could potentially kill someone can result in first-degree assault charges in Connecticut. Avoiding a charge in this circumstance is very hard unless you have good representation.

Aggravated Assault Charges

Assault charges are sometimes considered “aggravated” depending on who the assault was against. Assaulting pregnant women, disabled people, law enforcement officials and employees of the Department of Corrections all result in an “aggravated” assault charge, which makes higher penalties likely.

The holidays may have been stressful this year. If you let it get to you, you might have received an assault charge for Christmas. If that’s the case, turn to an experienced criminal defense attorney for advice. It could mean the difference between spending your New Year behind bars.