Family Law
What is 3rd Degree Assault?
max@dotcomlawyermarketing.com
Legal Expert
4 min read
Updated: Sep 6, 2025
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
- 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.
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