Neb. Rev. Stat. » Chapter 28
Nebraska Revised Statutes

Neb. Rev. Stat. § 28-310 (2026)

Assault in the third degree; penalty

✓ current as of July 2026
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(1) A person commits the offense of assault in the third degree if he:

(a) Intentionally, knowingly, or recklessly causes bodily injury to another person; or

(b) Threatens another in a menacing manner.

(2) Assault in the third degree shall be a Class I misdemeanor unless committed in a fight or scuffle entered into by mutual consent, in which case it shall be a Class II misdemeanor.

Notes of Decisions
Cited in 109 cases (26 in the last 5 years), 1980–2025 · leading case: In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986).
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In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). · cites it 44× “§ 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Smith, 678 N.W.2d 733 (Neb. 2004). · cites it 14× “The sole issue presented is whether the district court should have instructed the jury upon third degree assault under Neb. Rev. Stat. § 28-310 (l)(b) (Reissue 1995) as a lesser-included offense of terroristic threats under Neb.”
State v. Taylor, 634 N.W.2d 744 (Neb. 2001). · cites it 11× “Taylor requested an additional instruction on general third degree assault pursuant to Neb. Rev. Stat. § 28-310 (Reissue 1995). Section 28-310 states: (1) A person commits the offense of assault in the third degree if he: (a) Intentionally, knowingly, or recklessly causes bodily…”
State v. Winkler, 663 N.W.2d 102 (Neb. 2003). · cites it 10× “01 (l)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb. Rev. Stat. § 28-310 (l)(a) (Reissue 1995).”
Scalise v. Davis, 980 N.W.2d 27 (Neb. 2022). · cites it 11× “Because Scalise was convicted of third degree assault, which is a misdemeanor under Neb. Rev. Stat. § 28-310 (Reissue 2016) that contains elements of “[i]ntentionally, knowingly, or recklessly caus[ing] bodily injury to another person” or “threatens another in a menacing…”
State v. Grant, 968 N.W.2d 837 (Neb. 2022). · cites it 7× “’” 53 Thus, this statute is violated when a per- son acts “‘in such a manner as to intentionally cause a reason- able person in the position of the one threatened to feel appre- hension of being [bodily] harmed.”
State v. Bryant, 311 Neb. 206 (Neb. 2022). · cites it 8× “2020); and assault in the third degree, a Class I misdemeanor, in violation of Neb. Rev. Stat. § 28-310 (Reissue 2016), which was enhanced to a Class IIIA felony under Neb.”
State v. Pribil, 395 N.W.2d 543 (Neb. 1986). · cites it 8× “Before we address the second of the defendant's allegations of error, we must first address a threshold issue: that being whether third degree assault is a lesser-included offense of first degree assault.”
State v. Kunath, 540 N.W.2d 587 (Neb. 1995). · cites it 8× “This appeal comes before us on petition for further review after the Nebraska Court of Appeals reversed Katherine Kunath’s conviction for assault in the third degree, in violation of Neb. Rev. Stat. § 28-310 (l)(b) (Reissue 1989).”
Leroy Duffie v. City of Lincoln, 834 F.3d 877 (8th Cir. 2016). · cites it 4× “The young man did not display hostile or menacing conduct toward the clerks in the store. The clerks thought that the young man acted strangely, but they did not describe anything threatening.”
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). · cites it 6× “ged that Frank Pettit did “unlawfully and feloneously [sic], kill another, to-wit: one Pandora Pettit, without malice, either upon a sudden quarrel, or cause the death of another, to-wit: one Pandora Pettit, unintentionally while in the commission of an unlawful act____” *442…”
Mason v. City of Lincoln, 665 N.W.2d 600 (Neb. 2003). · cites it 7× “Mason alleged that Casady informed him that even if he obtained a license from the commissioner, he would be subject to arrest for violating Neb. Rev. Stat. § 28-310 (2) (Reissue 1995), which is third degree assault while engaging in a fight entered into by mutual consent.”
Show all 109 citing cases →
— Neb. Rev. Stat. § 28-310(1) — 15 cases
Scalise v. Davis, 980 N.W.2d 27 (Neb. 2022). “Because Scalise was convicted of third degree assault, which is a misdemeanor under Neb. Rev. Stat. § 28-310 (Reissue 2016) that contains elements of “[i]ntentionally, knowingly, or recklessly caus[ing] bodily injury to another person” or “threatens another in a menacing…”
State v. Winkler, 663 N.W.2d 102 (Neb. 2003). “01 (l)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb. Rev. Stat. § 28-310 (l)(a) (Reissue 1995).”
State v. Williams, 503 N.W.2d 561 (Neb. 1993).
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). “§ 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Ellingson, 703 N.W.2d 273 (Neb. Ct. App. 2005).
— Neb. Rev. Stat. § 28-310(1)(a) — 10 cases
State v. Pribil, 395 N.W.2d 543 (Neb. 1986). “Before we address the second of the defendant's allegations of error, we must first address a threshold issue: that being whether third degree assault is a lesser-included offense of first degree assault.”
State v. Winkler, 663 N.W.2d 102 (Neb. 2003). “01 (l)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb. Rev. Stat. § 28-310 (l)(a) (Reissue 1995).”
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). “§ 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Kistenmacher, 436 N.W.2d 168 (Neb. 1989).
State v. Rieker, 318 Neb. 238 (Neb. 2025).
— Neb. Rev. Stat. § 28-310(1)(b) — 7 cases
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). “§ 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Bryant, 311 Neb. 206 (Neb. 2022). “2020); and assault in the third degree, a Class I misdemeanor, in violation of Neb. Rev. Stat. § 28-310 (Reissue 2016), which was enhanced to a Class IIIA felony under Neb.”
State v. Grant, 968 N.W.2d 837 (Neb. 2022). “’” 53 Thus, this statute is violated when a per- son acts “‘in such a manner as to intentionally cause a reason- able person in the position of the one threatened to feel appre- hension of being [bodily] harmed.”
State v. Pettit, 445 N.W.2d 890 (Neb. 1989). “ged that Frank Pettit did “unlawfully and feloneously [sic], kill another, to-wit: one Pandora Pettit, without malice, either upon a sudden quarrel, or cause the death of another, to-wit: one Pandora Pettit, unintentionally while in the commission of an unlawful act____” *442…”
State v. Bryant, 311 Neb. 206 (Neb. 2022).
— Neb. Rev. Stat. § 28-310(2) — 7 cases
Mason v. City of Lincoln, 665 N.W.2d 600 (Neb. 2003). “Mason alleged that Casady informed him that even if he obtained a license from the commissioner, he would be subject to arrest for violating Neb. Rev. Stat. § 28-310 (2) (Reissue 1995), which is third degree assault while engaging in a fight entered into by mutual consent.”
State v. Albers, 758 N.W.2d 411 (Neb. Ct. App. 2008).
State v. Schroder, 359 N.W.2d 799 (Neb. 1984).
State v. Kennedy, 396 N.W.2d 722 (Neb. 1986).
State v. Parson (Neb. Ct. App. 2015).
— Neb. Rev. Stat. § 28-310(l) — 1 case
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). “§ 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
— Neb. Rev. Stat. § 28-310(l)(a) — 6 cases
State v. Winkler, 663 N.W.2d 102 (Neb. 2003). “01 (l)(a) (Reissue 1995) is barred by principles of double jeopardy after he pled guilty to third degree assault under Neb. Rev. Stat. § 28-310 (l)(a) (Reissue 1995).”
State v. Cox, 437 N.W.2d 134 (Neb. 1989).
State v. Beins, 456 N.W.2d 759 (Neb. 1990).
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). “§ 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Graham, 450 N.W.2d 673 (Neb. 1990).
— Neb. Rev. Stat. § 28-310(l)(b) — 5 cases
State v. Smith, 678 N.W.2d 733 (Neb. 2004). “The sole issue presented is whether the district court should have instructed the jury upon third degree assault under Neb. Rev. Stat. § 28-310 (l)(b) (Reissue 1995) as a lesser-included offense of terroristic threats under Neb.”
In Re Interest of Siebert, 390 N.W.2d 522 (Neb. 1986). “§ 28-309 (Reissue 1985) defines assault in the second degree, and § 28-310 defines assault in the third degree.”
State v. Kunath, 540 N.W.2d 587 (Neb. 1995). “This appeal comes before us on petition for further review after the Nebraska Court of Appeals reversed Katherine Kunath’s conviction for assault in the third degree, in violation of Neb. Rev. Stat. § 28-310 (l)(b) (Reissue 1989).”
State v. Gray, 479 N.W.2d 796 (Neb. 1992).
In re Hartmann, 705 N.W.2d 443 (Neb. 2005).
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