Domestic Violence-Assault, third-degree
One way to the crime of domestic violence, the third degree can be committed is when a person in a domestic relationship commits an assault in the third degree.
There are three ways in which this crime can be committed.
A person is guilty of domestic violence, assault third-degree if, with the intent to cause physical injury to another person, they cause physical injury to any person.
Example: Brutus decides to punch out his neighbor Ned. Ned dodges the blow. Although Brutus meant to hit Ned, he accidentally gives his own wife, Betty, a blackeye.
Because Betty is related to Brutus and she is the victim of the injury, Brutus would be guilty of domestic violence- even though he never intended to hit his wife.
A person is guilty of domestic violence, assault third-degree if they are involved in a domestic relationship with the victim and they recklessly cause them physical injury.
Example: Chuck decides to show off his beer bottle juggling abilities at a family picnic. Chuck has chugged a dozen beers.
Chuck's wife, Lizzie is sitting in a folding lawn chair. Chuck misses one of the beer bottles, it hits Lizzie in the face causing her to have a blackeye.
If the court finds that Chuck's drunken juggling of pure bottles was reckless, Chuck would be found guilty of a domestic violence assault.
A person is guilty of domestic violence assault in the third degree if, with criminal negligence, they cause physical injury to another person by means of a deadly weapon or a dangerous instrument
Danica is driving hundred and 15 miles an hour in a 50 mile an hour zone. Her eight-year-old son as a passenger in the car. Danica loses control of the car and crashes causing her eight-year-old son to lose one of his front teeth. Danica could properly be found guilty of domestic violence third-degree since her actions were negligent in driving the car that speed, the car could be considered dangerous instrument and, her son suffered injuries as a result of those actions.
In defending a domestic violence assault case, your lawyer will look at your specific case to try to determine what the true facts and to separate those true facts from things that people may infer to be facts but are not. Because every case is different it is best to speak with an experienced lawyer to determine what your best options are. Of course if you'd like our help at Segal and Segal, feel free to contact us either by dialing (256) 533-4529 or by filling in the contact information here.