Third degree assault is a misdemeanor, defined as knowingly or recklessly causing bodily injury to another person. Pain alone can constitute injury; no actual injury is required. In some states, negligently inflicting injury may also be included in the definition of this crime. This is generally the least serious assault charge (though some states have fourth degree assault), but freedom and criminal record are still at stake.
Defenses to third degree assault charges include (but are not necessarily limited to) self-defense, defense of others, and provocation. Depending on the facts of a case, there may be other factors in addition to these defenses that can help to reduce or remove charges.
States that employ third degree assault include, but are not limited to, Hawaii, Oregon, Washington, Alaska, New York, Maryland, Minnesota, Connecticut, Colorado, and Missouri. Consult your state's criminal code to find out if this charge is utilized.
Charges for 3rd Degree Assault
Third degree assault is charged when a person assaults another and inflicts substantial bodily harm or assaults a minor. Third degree assault is often charged when a person assaults a police officer while resisting arrest. Assaulting an official such as a firefighter, health-care provider, or transit bus driver is also third degree assault, depending on the severity (it can be first or second degree if much harm is inflicted). If the victim is not acting in some type of official capacity, third degree assault can still be charged, but will depend on the specific circumstances surrounding the incident, including whether any instrument was used in inflicting force, how severe any harm was, and the actor's state of mind at the time.
Penalties and Sentencing
This offense carries with it a penalty of imprisonment for up to five years (possibly more depending on enhancements) and sometimes a fine of up to $10,000. Factors used to determine the sentence include whether it is a first offense, how aggravated the act was, and whether there were surrounding circumstances that justify the act.
How a Lawyer Can Help
Hiring an attorney is the best way to defend your rights in fighting assault charges. An attorney will investigate the crime on your behalf, including interviewing any witnesses while the incident is fresh in their memory. An attorney knows the intricacies of the law, including best defenses, mitigating circumstances, and the proper procedures for handling specific cases. By seeking assistance, you will preserve your rights and give yourself a better chance to win when your day in court arrives.
