what is the punishment for 3rd degree assault?
146769
It depends on the location of the assault - whether it is a misdemeanor or a felony.  It depends on the lawyer you have, the competence of the District Attorney and the judge.  For a first offense, it would most likely be probation and maybe some community service.
588467
(1)a fine not to exceed $4,000;                                             \n(2)  confinement in jail for a term not to exceed one \nyear;  or             \n(3)  both such fine and confinement.
587142
It would depend upon many factors.  Anything from a community order for a youthful offender where no weapon was shown and little violence was involved to 12 or more years custody where serious injury to the victim occurred is possible.
157446
The definitions of such things vary greatly by state. Where exactly is it you're talking about?\n\nEdit: Criminal Sexual Conduct in the Third Degree is a felony in MI. It can happen in several different situations:\n\n1) Sexual penetration with someone between the ages of 13 and 16\n2) Force or coercion is used to obtain sexual penetration\n3) The actor knows the person is mentally incapable or incapacitated, or physically helpless\n4) The person was related to the actor by blood to the third degree\n5) The other person is between 16 and 18 and a student at a school where the actor was a teacher or administrator, unless the student has been emancipated.
846082
it all depends on the circumstances.\n\nDid the victim feel that he or she was in imminent threat of danger or harm? Was the fear reasonable?\n\nHas there been a history of assault either by your fiance or the victim?\n\nDid your fiance have the means to carry out the perceived threat?\n\nPeople need to keep their tempers in check. The answers to these questions will determine whether there is a simple assault. \n\nApparently, since charges have been filed, the prosecuter thinks there is enough evidence to constitute a simple assault. \n\nGenerally speaking, verbal assault CAN be simple assault. Being convicted is a different question.\n\nBe forewarned, too, that the victim can file a civil suit alleging assault and intentional infliction of emotional distress. \n\nYour fiance really needs to think before he flies off the handle.
1122604
Record an incident on video. Not sure what the laws are in your area but verbal abuse qualifies as assault here. Have the pissant thrown in jail.
329789
i am not an expert but i think it depends.  i slapped my ex husband, who is a cop, and he said he could have filed assault class a/family violence on me.
1028519
There is no general answer.  It depends on the jurisdiction, and then it depends on the particular judge what to do at sentencing time.  Most states take into consideration now whether this is a first offense or repeat offender, the property taken and whether anyone was actually hurt in the theft and so forth.
747361
If a person is charged with assault with indent to commit great bodily harm it depends on the circumstances under which the assault took place as to whether it's a first, second or third degree felony. If the attacking person was doing so to protect himself or someone with him the chances of it being made a misdemeanor are very good, or even having the case dismissed as self defense, if not, he's looking at a felony. I truly hope all goes well for your BIL.
322036
I believe it's a felony punishable by prison time. Watch "Dateline NBC" next Tuesday night at 9:00 p.m. I come from a community where 18 men were recently taken into custody for that very thing. You can see firsthand what the penalty is when they make their court appearances which will be aired next week.
648579
Your husband has a good chance of going for a night or two and maybe having a hefty fine too.  It doesn't matter that your husband was hit with a rock first, it is still assault because self defense can not be claimed if you retaliate with more force than is necessary to defend yourself.  Your neighbor will face legal action too though.  If you and your neighbor mutually agree to drop charges then you will both walk away with no action, but chances are that he won't drop charges if you and your husband are wishing to press charges against him... it is a sad fact of how our legal system works.  I can honestly say I would have done the same thing in your husband's shoes, but I'm sorry to bring you this unfortunate reality.
677152
That's a good idea, actually- but I don't know what the sentence should be...\n\nMaybe three years mandatory in prison (minimum!)- without the possibility of getting out early. But if the crime is premeditated and cruel, then the sentence should be more severe.
1177092
All the way back...this is usually called the three strikes rule so if you are convicted of a third felony you are considered a career criminal. Some states may limit the length to ten years...but I wouldn't bank on it when applying it to the decision of three strikes or not! In New York...three strikes (violent felonies as defined by staute) equals a mandatory sentence of 25 to Life!
962701
Well, what you're calling assault sounds like it might be battery.  \n\nAssault is the attempt, and failure, to commit battery.\n\nBattery is a successful assault.\n\nBoth are misdemeanors, which means you COULD do six months to a year (depending on the type of battery and who it was against), and you COULD get a fine of up to $1,000.
175047
It depends on the offense.  If the defendant only violated the protective order, then the days sound like it is in the range for sentencing.  If the defendant committed another offense and he/she would be subject to the penalties of the new offense.  The sentence is based on the underlying charge.\n\nThe conviction will limit the defendant in many ways including losing the right to own firearms and other weapons.
336231
likely some jail time, considering the amount in question.  since it's the 1st offense, i wouldn't say it's a significant am't of time.  restitution is a given, and probation thereafter...at least 18 mos.
317246
you dont, unless you can bargain real well with a lawyer, other than that i suggest stop drinking, or stop driving after you've been drinking...as far as i know a 3rd offense is a felony and felonies are punishable with a minimum of 1 year in prison