Assault

Assault is a common crime and arises when a person injures someone else.  The level of crime is based on how serious the injury is and may also depend on whether the injury was caused with a dangerous instrument. 

It is important to note that a dangerous instrument does not have to be inherently dangerous and can be merely an object that is used in a dangerous way and has the potential to inflict serious bodily harm.  A vehicle, a rock or even a champagne bottle in a bar fight can be dangerous instruments if they are used to hurt someone. 

First Degree Assault

This level of assault is the most serious and is charged as a Class B felony.  A person commits assault 1° by intentionally or knowingly causing serious bodily injury to another person. 

First Degree Assault Statute

Second Degree Assault

You might be charged with assault 2° if you intentionally or recklessly cause substantial bodily injury to someone else or if you cause any bodily injury with a dangerous instrument.  Assault 2° is charged as a Class C felony. 

Second Degree Assault Statute

Third Degree Assault

Assault 3° is a misdemeanor.  There are several circumstances when this crime might be charged.  Assault 3° typically arises when you intentionally cause bodily injury to someone else or if you hurt another person by doing something a reasonable person would not have done with a dangerous instrument. 

If this level of assault occurs in a fight where both people are fighting willingly, it is charged as a petty misdemeanor. 

Third Degree Assault Statute