Neb. Rev. Stat. § 28-310 : CRIMES AND PUNISHMENTS — OFFENSES AGAINST THE PERSON —GENERAL PROVISIONS —310 - Assault in the third degree; penalty TEXT PDF (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. Neb. Rev. Stat. § 28-310 Laws 1977, LB 38, § 25.