What Is the Penalty for a Third Degree Assault C Misdemeanor?
A person commits third-degree assault if he purposely or recklessly causes physical bodily harm or negligently causes physical bodily harm with a deadly weapon. Bodily harm includes pain and injury. Threatening to hurt a person with a deadly weapon can also be considered assault if the threatened party felt genuine fear. Domestic violence is the most common type of third-degree assault; it can include hitting, choking or strangling, offensive touching, or recklessly endangering household members in a way that risks serious injury or death.
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Arrest
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After a suspected assailant is arrested, bond is set. When bond is met, the suspect is released until his court date. A trial generally follows. If the defendant is found guilty, he will face a fine and possibly a jail sentence.
Sentence
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The federal penalty for a class C misdemeanor is a jail sentence of five to 30 days. Sentencing, however, is usually handled by the state in which the crime occurred. Each state has different sentences and different classifications. In Missouri, assault is categorized by degree. A third-degree class C assault results in a sentence of 15 days in jail and a $500 fine. In Kansas, the equivalent assault is considered "simple assault," with a fine of $500; it follows the federal guidelines calling for up to 30 days in jail.
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Recidivism
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In some states, such as Missouri, a person convicted of third-degree assault three or more times is likely to be convicted of a class A misdemeanor when she reaches this benchmark. These crimes are punishable by $1,000 and up to one year in jail.
Other Penalties
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Outside the immediate penalties of sentencing and fines, employment opportunities may affected if the potential employer does a background check, especially for someone seeking work in education or government. If the victim of the third-degree assault is a child, police officer or other government worker, it's considered a felony and is subject to a more severe sentence.
Prevention
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In her sentencing, a judge may order anger management or domestic violence classes, especially when the assailant is a first offender and the victim's injuries were minimal. If you have a problem with anger that could escalate to assault, consult or find a therapist who specializes in anger or stress management immediately. Determining the causes of anger and learning how to deal with stress can held you avoid committing an assault.
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References
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