Criminal Defense Lawyers

What is 3rd Degree Assault?

Assault is defined as intentionally causing physical harm to another person. Third-degree assault is the act of recklessly inflecting serious injury on a person. People who use a weapon recklessly to scare people can also be charged with third-degree assault. Third-degree assault is not punished as harshly as 1st and 2nd degree.

Punishments for 3rd Degree Assault

Third degree assault is a Class A misdemeanor. This is the most serious type of misdemeanor. If you are charged with a Class A misdemeanor, then you can spend up to one year in county jail. You can also be charged a $1,000 fine. However, you could be charged with a felony if you are convicted of third-degree assault. Felony charges carry longer jail times and higher fines.

What Is a Wobbler Crime?

Third-degree assault can be classified as a wobbler offense. A wobbler offense is one that can be classified as a felony or misdemeanor. The circumstances surrounding the case will determine whether the crime is classified as a misdemeanor or felony. The following is a list of factors that may affect whether 3rd degree assault is classified as a felony or misdemeanor.

• Repeat assault offenses-People who have been charged with assault multiple times may face a felony.
• The degree of harm that is inflicted upon the person-The more serious a victim’s injuries are, the harsher the punishment will be.
• The type of weapon that was used.
• The victim who was hurt-People who assault a police officer, child or domestic partner may face a harsher punishment

What Type of Defenses Can Be Used for 3rd Degree Assault?

The best thing that you can do if you have been charged with 3rd degree assault is to hire a criminal defense attorney. There are several defenses that can be used in order to help your case.

• Lack of evidence-There has to be enough evidence to support the claims that have been made.
• Self defense-People have a right to use force in order to defend themselves. However, the person has to be able to prove that they were not the person who initiated the attack.
• Intoxicated-Intoxication interferes with a person’s ability to act rationally.

In some cases, sudden heat of passion factor can be used as a defense. This occurs when a person commits an act that provokes you to attack them. An example of this if you assault your spouse if you find them in the bed with someone else. Sudden heat of passion may not help you get your charges dismissed. However, you may be able to get a lighter sentence if this can be proven in court.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Why It Is Important for You to Hire an Attorney for Your Case

If you are charged with assault, then you may be faced with serious consequences. That is why it is within your best interest to hire an attorney. Your attorney will be able to provide you with the guidance that you need. They will also be able to represent you in court.

An assault charge is serious because it is a violent crime. Not only can you face jail time and fines, but this can also be put on your permanent record. It can be difficult for you to find a job because employers will see this on your record. Furthermore, if you have children and plan on getting custody of them in the future, then having a 3rd degree assault on your record can make it impossible for you to get custody.

You can set up a consultation with an attorney. The attorneys will be happy to guide you throughout the entire process. They will also answer any questions that you have. You have rights, and your attorney will inform you of them. The attorney will also help protect the rights that you have.