Domestic assault in the third degree generally refers to a criminal offense involving physical injury or the threat of injury to a person with whom the offender has a domestic relationship, but it is considered less severe than first or second-degree domestic assault. The specifics can vary by jurisdiction, but common elements include:
- Physical Injury or Attempted Injury: The offender intentionally, knowingly, recklessly, or negligently causes physical injury or pain to a domestic partner or family member. This can include reckless behavior that results in injury, even if there was no intent to harm
- Domestic Relationship: The victim is someone with whom the offender has a defined domestic relationship, such as a spouse, former spouse, intimate partner, family member, or household member
- Examples of Conduct: Reckless acts causing injury (e.g., drunkenly juggling bottles that hit a spouse), negligent use of a dangerous instrument causing injury, or threats and menacing behavior that put the victim in fear of imminent harm
- Legal Classification and Penalties: Third-degree domestic assault is often classified as a misdemeanor or a lower-level felony (such as a class E felony in Missouri), with penalties that may include fines, probation, counseling, or jail time, typically less severe than higher degrees of domestic assault
- Differences from Higher Degrees: First-degree domestic assault involves intent to cause serious bodily injury or use of a deadly weapon, while second-degree involves causing bodily injury with a dangerous instrument or more serious harm. Third-degree covers less severe injuries or reckless/negligent conduct
In summary, third-degree domestic assault involves causing or attempting to cause physical injury or fear of injury to a domestic partner or family member through reckless, negligent, or less severe intentional acts, and carries misdemeanor or lower felony penalties depending on the state
