Assault in the Third Degree is a serious felony level charge.
If someone is found guilty of Assault in the Third Degree, they could face up to five years in prison and could be required to pay up to a $10,000 fine.
There are three ways someone can be found guilty of Assault in the Third Degree:
FELONY ASSAULT IN THE THIRD DEGREE
1. Substantial Bodily Harm
If the State proves that someone (1) assaulted another person and (2) inflicted substantial bodily harm. Substantial bodily harm means bodily injury which involves a temporary but substantial disfigurement, or which causes a temporary but substantial loss or impairment of any bodily member or organ, or which causes a fracture of any bodily member.
2. Assaulting a Minor After a Past Pattern of Child Abuse
If the State proves that someone (1) assaulted a minor and (2) has engaged in a past pattern of child abuse against that same minor. A past pattern of child abuse means that someone has committed at least two acts of the following against the child prior to the present offense:
- Domestic Assault;
- Criminal Sexual Conduct;
- Malicious Punishment of a Child;
- Neglect or Endangerment; or
- Threats of Violence.
3. Assaulting a Victim who is Under Four Years Old
If the State proves that someone (1) assaulted a victim under the age of four and (2) causes bodily harm (3) to the child’s head, eyes or neck, or otherwise causes multiple bruises to their body. Bodily harm means physical pain or injury, illness, or any impairment of physical condition.