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What is 3rd Degree Assault?

June 24, 2020 Federal Criminal Attorneys

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.

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.

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