In a precedent decision, the First Circuit has determined that a conviction for third degree assault in Connecticut is not a crime of violence.  The elements of the state statute are: (i) the intent to cause physical injury to another person and (ii) causing such injury to such person or to a third person.  A crime of violence requires the infliction of actual, violent force upon a person.  The court reasoned that the statute, by its very terms, does not require violent force, and concluded that the requirement that the victim be injured does not necessarily lead to the conclusion that the defendant must have employed violent force.  The court was also unperturbed by the petitioner's inability to locate a state court case in which the defendant was prosecuted under the statute for non-violent conduct, recognizing that not all assault cases have resulted in the generation of publicly available records for the court to review.

The full text of Whyte v. Lynch can be found here: