Assault in the Third Degree

What the prosecutor must prove

• Another person suffered a physical injury — more than unwanted contact; the law requires substantial pain or an impaired physical condition.
• The charged subsection requires intentional physical injury, reckless physical injury, or criminally negligent physical injury caused with a deadly weapon or dangerous instrument. Recklessness means consciously disregarding a substantial and unjustifiable risk in gross deviation from reasonable conduct; criminal negligence means failing to perceive that risk in gross deviation from reasonable care.

Defenses that commonly apply

• The medical evidence does not show the physical injury the statute requires.
• Your use of force was lawful self-defense or defense of another.
• The prosecution cannot prove the intent, recklessness or criminal negligence required by the charged subsection; an accidental injury alone does not resolve that question.
• You were not the person who caused it.

Penalties and collateral consequences

A Class A Misdemeanor carries a maximum sentence of up to 364 days and a fine of up to Up to $1,000.

Every case turns on its own facts. The information on this page is general, not legal advice.