46.3522 Assault in the 3rd degree.

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(a) A person commits the crime of assault in the 3rd degree if:

(1) he attempts to cause or recklessly causes physical injury to another person;

(2) with criminal negligence he causes physical injury to another person by means of a deadly weapon; or

(3) he purposely places another person in apprehension of immediate physical injury;

(4) he recklessly engages in conduct which creates a grave risk of death or serious physical injury to another person; or

(5) he knowingly causes physical contact with another person knowing the other person will regard the contact as offensive or provocative.

(b) Assault in the 3rd degree is a class A misdemeanor unless committed under paragraph (a) (3) or (5): then it is a class C misdemeanor.

History: 1979, PL 16-43 § 2.

Case Notes:

Justification of self-defense requires showing defendant was actually in fear of his life or serious bodily injury and conduct of other party was such to produce state in mind of a reasonable person. Injury to himself by others, fully warranted his fears. Government v Fun. ASR (1976).

Because third-degree assault can be committed “recklessly” or even “with criminal negligence,” a guilty plea does not establish what injuries, if any, were inflicted upon plaintiff, nor does it establish that defendant acted intentionally, an essential element of the tort of battery. A.S.C.A. § 46.3522(a)(1) & (4). Galea`i v. Atofau, 16 A.S.R.2d 76 (1990).

A finding of self-defense is a complete defense to a criminal charge of third-degree assault. A.S.C.A. §§ 46.3305 & 46.3522(a). Galea`i v. Atofau, 16 A.S.R.2d 76 (1990).

Research Guide: MCC 565.070, 15 ASC 201 —206.