Third-degree assault is defined as an act that recklessly causes serious physical injury to another person. It can involve the use of a dangerous weapon, and the perpetrator may have a disregard for the value of human life. The severity of this offense can vary based on the specific state laws, but it is generally considered a serious criminal offense
This crime can be tried as either a class one or class two misdemeanor depending on the circumstances surrounding the assault.
Third-degree assault differs from first and second-degree assault in that it does not require proof of serious bodily injury, only proof of some bodily harm, which can be inferred from the evidence that the defendant intentionally struck the victim.
If you have questions about third-degree assault charges, contact a Nebraska assault attorney today.
Class One Misdemeanor Vs. Class Two Misdemeanor
The determining factor as to whether or not a third-degree assault case is tried as a class one or class two misdemeanor case is whether or not the defendant and the victim mutually consented to a fight or scuffle.
In the case that both parties did consent, the case will be tried as a class two misdemeanor. However, the mental state of the defendant can void their consent to participate in the fight or scuffle.
Nebraska assault in the third degree is the only assault charge that carries this exemption.
Were a defendant charged with assault in the third degree as a class one misdemeanor the possible sentences range from up to one-year imprisonment, or a one thousand dollar fine, or both at the maximum.
There is no minimum sentence and the sentencing judge can fall anywhere between these two extremes.
Were a case tried as a class two misdemeanor the sentences could range from six months imprisonment, or a one thousand dollar fine, or both. The minimum for a class two misdemeanor is no punishment as well.
These sentences would be served out in a county jail, except for in select instances in which the sentence would be carried out under the jurisdiction of the department of correctional services.
Those instances are, if the sentence is one year for a class one misdemeanor, if the sentence is to be served concurrently with a felony conviction, or if the department of correctional services has certified to the availability of services and programs for short-term prisoners, in this case, the sentence must be at least six months.
Contact An Experienced Nebraska Criminal Defense Attorney at Petersen Criminal Defense Law Today
Assault and battery laws are in place to protect people from unwarranted bodily harm.
If you should ever find yourself facing an assault in the third-degree charge, you may want to consult an experienced assault defense attorney early on in the process to ensure your rights are protected and to mount an effective criminal defense.
Petersen Criminal Defense Law has, since 1995, been protecting the rights of those accused of assault and battery. We have handled over six thousand cases and vigorously assert defenses to criminal charges.