Alaska Statutes
Alaska Stat. § 11.41.230 (2026)
Assault in the fourth degree
✓ current as of July 2026
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Sec. 11.41.230. Assault in the fourth degree.
(a) A person commits the crime of assault in the fourth degree if
(1) that person recklessly causes physical injury to another person;
(2) with criminal negligence that person causes physical injury to another person by means of a dangerous instrument; or
(3) by words or other conduct that person recklessly places another person in fear of imminent physical injury.
(b) Assault in the fourth degree is a class A misdemeanor.
(a) A person commits the crime of assault in the fourth degree if
(1) that person recklessly causes physical injury to another person;
(2) with criminal negligence that person causes physical injury to another person by means of a dangerous instrument; or
(3) by words or other conduct that person recklessly places another person in fear of imminent physical injury.
(b) Assault in the fourth degree is a class A misdemeanor.
Notes of Decisions
Cited in 140
cases (32 in the last 5 years), 1982–2026 · leading case: Sarah D. v. John D., 352 P.3d 419 (Alaska 2015).
Sarah D. v. John D., 352 P.3d 419 (Alaska 2015). “35 (quoting AS 11.41.230). See also AS 18.66.990(3)(A) (classifying assault as domestic violence).”
Olivas v. State, 203 S.W.3d 341 (Tex. Crim. App. 2006). “, Alaska Stat. § 11.41.230 ("A person commits the crime of assault in the fourth degree if .”
Booth v. State, 251 P.3d 369 (Alaska Ct. App. 2011). “[5] The Alaska courts have affirmed trial court orders denying similar requests where the defendant failed to make a sufficient showing that the requested information was material to the defense case.”
United States v. Castleman, 134 S. Ct. 1405 (2014). “Rev.Stat. Ann. § 508.030 (Michie 1990); Minn.”
State v. Miller, 207 P.3d 541 (Alaska 2009). “990(3), (5); AS 11.41.230(a)(3). [26] State v. Huletz, 838 P.”
Stephan P. v. Cecilia A., 464 P.3d 266 (Alaska 2020). “990(3)(A), (C); AS 11.41.230 (defining the (continued...) -4- 7453 court held an ex parte hearing and denied Cecilia’s request for a 20-day protective order.”
Mike Steely Morgan v. State of Alaska, 523 P.3d 1254 (Alaska Ct. App. 2023). “220(a)(5) includes only the “physical injury” provisions of AS 11.41.230(a) — i.e., subsections (a)(1) and (a)(2) — as qualifying prior offenses, but it excludes the “fear” assault provision — subsection (a)(3).”
Harris v. Governale, 311 P.3d 1052 (Alaska 2013). “See AS 11.41.230. 23 . Parks v. Parks, 214 P.”
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “As we have explained, when the "fighting" provision of the disorderly conduct statute was first enacted in 1973, Alaska law had a separate statute punishing assault and battery (former AS 11.41.230). The maximum penalty for assault and battery under this former statute was 6…”
Patrick H. Torrence v. Tyler Blue, 552 P.3d 489 (Alaska 2024). “The court explained that “the criminal statute cited as the basis of the Complaint (AS § 11.41.230) does not create a private cause of action,” citing DeRemer v.”
State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). “'s neck in 1989, Hernandez was convicted of fourth-degree assault recklessly causing physical injury to another person in violation of AS 11.41.230(a)(1); for breaking M.R.'s skull in September of 1990, Hernandez was convicted of assault in the second degree recklessly…”
Folger v. State, 648 P.2d 111 (Alaska Ct. App. 1982). “He was tried before a jury and convicted of a lesser-included offense, assault in the third degree, AS 11.41.230 (a felony). His sole point on appeal challenges the trial court's refusal to give instructions *112 on self-defense.”
— Alaska Stat. § 11.41.230(a) — 17 cases
Bruce H. v. Jennifer L., 407 P.3d 432 (Alaska 2017).
Heaps v. State, 30 P.3d 109 (Alaska Ct. App. 2001).
Grasser v. State, 119 P.3d 1016 (Alaska Ct. App. 2005).
Booth v. State, 903 P.2d 1079 (Alaska Ct. App. 1995).
Douglas v. State, 166 P.3d 61 (Alaska Ct. App. 2007).
— Alaska Stat. § 11.41.230(a)(1) — 65 cases
Mike Steely Morgan v. State of Alaska, 523 P.3d 1254 (Alaska Ct. App. 2023). “220(a)(5) includes only the “physical injury” provisions of AS 11.41.230(a) — i.e., subsections (a)(1) and (a)(2) — as qualifying prior offenses, but it excludes the “fear” assault provision — subsection (a)(3).”
Booth v. State, 251 P.3d 369 (Alaska Ct. App. 2011). “[5] The Alaska courts have affirmed trial court orders denying similar requests where the defendant failed to make a sufficient showing that the requested information was material to the defense case.”
Wells v. State, 102 P.3d 972 (Alaska Ct. App. 2004).
State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). “'s neck in 1989, Hernandez was convicted of fourth-degree assault recklessly causing physical injury to another person in violation of AS 11.41.230(a)(1); for breaking M.R.'s skull in September of 1990, Hernandez was convicted of assault in the second degree recklessly…”
Iyapana v. State, 284 P.3d 841 (Alaska Ct. App. 2012).
— Alaska Stat. § 11.41.230(a)(2) — 4 cases
Bingaman v. State, 76 P.3d 398 (Alaska Ct. App. 2003).
State v. Lawler, 919 P.2d 1364 (Alaska Ct. App. 1996).
Mike Steely Morgan v. State of Alaska, 523 P.3d 1254 (Alaska Ct. App. 2023). “220(a)(5) includes only the “physical injury” provisions of AS 11.41.230(a) — i.e., subsections (a)(1) and (a)(2) — as qualifying prior offenses, but it excludes the “fear” assault provision — subsection (a)(3).”
I.J., a minor v. State of Alaska, 553 P.3d 1263 (Alaska Ct. App. 2024).
— Alaska Stat. § 11.41.230(a)(3) — 36 cases
Sarah D. v. John D., 352 P.3d 419 (Alaska 2015). “35 (quoting AS 11.41.230). See also AS 18.66.990(3)(A) (classifying assault as domestic violence).”
State v. Miller, 207 P.3d 541 (Alaska 2009). “990(3), (5); AS 11.41.230(a)(3). [26] State v. Huletz, 838 P.”
Booth v. State, 251 P.3d 369 (Alaska Ct. App. 2011). “[5] The Alaska courts have affirmed trial court orders denying similar requests where the defendant failed to make a sufficient showing that the requested information was material to the defense case.”
Petersen v. State, 930 P.2d 414 (Alaska Ct. App. 1996).
United States v. Nguyen, 465 F.3d 1128 (9th Cir. 2006).
— Alaska Stat. § 11.41.230(b) — 4 cases
Dawson v. State, 264 P.3d 851 (Alaska Ct. App. 2011). “As we have explained, when the "fighting" provision of the disorderly conduct statute was first enacted in 1973, Alaska law had a separate statute punishing assault and battery (former AS 11.41.230). The maximum penalty for assault and battery under this former statute was 6…”
State v. Hernandez, 877 P.2d 1309 (Alaska Ct. App. 1994). “'s neck in 1989, Hernandez was convicted of fourth-degree assault recklessly causing physical injury to another person in violation of AS 11.41.230(a)(1); for breaking M.R.'s skull in September of 1990, Hernandez was convicted of assault in the second degree recklessly…”
Cleveland v. State, 258 P.3d 878 (Alaska Ct. App. 2011).
Douglas v. State, 215 P.3d 357 (Alaska Ct. App. 2009).
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