What Is 3rd Degree Assault?
Third degree assault is the most common and least serious type of assault. This misdemeanor occurs when substantial bodily injury is inflicted on an adult and a felony when the victim is a child under four years old.
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Types
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The degree of an assault charge corresponds to the amount of damage the assailant intended to and caused. The least severe, 3ird degree assault, usually does not involve a weapon, although some cases involve accidental discharge of a firearm causing injury.
Features
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Unlike the more serious 1st and 2nd degree felony assault cases, 3rd degree assault is usually charged as a misdemeanor unless a small child was assaulted.
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Considerations
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Most of those charged with 3rd degree assault claim self-defense. Factors that influence the outcome of the case and the length of sentence if the defendant is convicted include the circumstances around the assault and the assailant's status as a first offender.
Penalties Vary by State
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Missouri, for example, dispenses fairly short sentences for 3rd degree assault ranging from 15 days to a year in jail with fines from $500 to $1,000, reports Missouri Criminal Defense. Longer sentences may face those convicted of 3rd degree assault in Minnesota, including jail time of up to five years and a possible $10,000 fine, says the Minnesota Lawyers website.
Mitigating Factors
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Mitigating factors do not affect the verdict but can reduce the penalty. When a fight by mutual consent results in a conviction for 3rd degree assault, the court may view the mutual consent as a mitigating circumstance and give a lesser sentence.
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